DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bee Alarmed Security and Electrical Pty Ltd
(AG2021/5288)

BEE ALARMED SECURITY & ELECTRICAL PTY LTD SINGLE ENTERPROSE AGREEMENT 2021

Security services
COMMISSIONER YILMAZ	MELBOURNE, 12 JULY 2021

Application for approval of the Bee Alarmed Security & Electrical Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bee Alarmed Security & Electrical Pty Ltd Single Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bee Alarmed Security and Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] The Agreement is approved and in accordance with s.54, will operate from 19 July 2021. The nominal expiry date of the Agreement is 12 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bee Alarmed Security and Electrical Pty Ltd sought approval of a single enterprise agreement, presenting it to the Fair Work Commission for consideration. The agreement, proposed for implementation within the company, included terms regarding wages, working conditions, and other employment-related matters. The dispute arose from disagreements between the company and its employees regarding the provisions outlined in the proposed agreement.

The primary legal issue before the court was whether the terms of the agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms, including minimum wages, conditions, and other entitlements as stipulated by the Act. Additionally, the court considered whether the agreement had been genuinely negotiated and if it provided adequate protections for the employees.

In examining the evidence and submissions presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The commission noted that the terms were in line with the minimum standards set by the Fair Work Act, and there was evidence of genuine negotiation between the parties. Furthermore, the commission was satisfied that the agreement provided appropriate protections for the employees and met the statutory requirements. Consequently, the court approved the agreement, allowing it to come into effect as proposed.

As a result of the court's decision, Bee Alarmed Security and Electrical Pty Ltd's Single Enterprise Agreement 2021 was approved and adopted. The agreement now governs the employment terms and conditions for the employees of the company, as outlined in the approved document.

Bee Alarmed Security and Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established