Base Security Services Pty Ltd T/A Base Security Services

[2023] FWCA 2229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Base Security Services Pty Ltd T/A Base Security Services

(AG2023/2142)

BASE SECURITY SERVICES PTY LTD ENTERPRISE AGREEMENT 2023

Security services
COMMISSIONER SPENCER	BRISBANE, 19 JULY 2023

Application for approval of the Base Security Services Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Base Security Services Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Base Security Services Pty Ltd T/A Base Security Services (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted an undertaking from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 July 2023. The nominal expiry date of the Agreement is 26 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Base Security Services Pty Ltd, trading as Base Security Services, applied for approval of the Base Security Services Pty Ltd Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for workers within the enterprise. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act, including the need for genuine bargaining, and whether it provided for minimum entitlements and protected against adverse action. The Commission examined the process through which the agreement was formed, including whether there had been genuine attempts at bargaining between the parties. Additionally, the Commission assessed whether the terms of the agreement met the minimum standards set by the Act, including provisions for minimum wages, leave entitlements, and other essential conditions of employment.

The Commission found that the agreement had been genuinely bargained and met the procedural requirements for approval. It also found that the agreement provided for all minimum entitlements and included provisions to protect against adverse action. Consequently, the Commission approved the Base Security Services Pty Ltd Enterprise Agreement 2023. The approval was based on the conclusion that the agreement was fair and reasonable, taking into account the need to promote high levels of employment and to provide for improved productivity and efficiency in the workplace.

The Fair Work Commission's decision confirmed the approval of the enterprise agreement, setting forth the terms and conditions of employment for the workers of Base Security Services Pty Ltd. The approved agreement is to be registered and will govern the employment of the relevant workers until superseded by a new agreement or by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established