DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Brisbane Executive Security Teams Pty Ltd T/A Brisbane Executive Security Teams
(AG2018/2158)

BRISBANE EXECUTIVE SECURITY TEAMS PTY LTD COLLECTIVE AGREEMENT 2007

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 JUNE 2018

Termination of the Brisbane Executive Security Teams Pty Ltd Collective Agreement 2007.

[1] On 24 May 2018, Brisbane Executive Security Teams Pty Ltd applied for the termination of the Brisbane Executive Security Teams Pty Ltd Collective Agreement 2007 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brisbane Executive Security Teams Pty Ltd, trading as Brisbane Executive Security Teams, brought an application in the Fair Work Commission to terminate the Brisbane Executive Security Teams Pty Ltd Collective Agreement 2007. The application was made on the basis that the applicant's business had undergone significant changes, rendering the agreement no longer suitable or fair. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the grounds that the changes were not substantial enough to warrant termination.

The central legal issue for the Commission was whether the applicant's business changes were of such a significant nature that they justified terminating the existing collective agreement. The Commission had to consider whether the changes were fundamental enough to the operations and conditions of the business to warrant a departure from the terms agreed upon in the collective agreement. Additionally, the Commission had to assess the impact of the termination on the employees and whether there were sufficient safeguards in place to protect their rights and entitlements.

In determining the matter, the Commission examined the evidence presented regarding the nature and extent of the changes within the applicant's business. The Commission noted that while some changes were evident, they did not reach the threshold necessary to fundamentally alter the business operations or employment conditions in a way that would render the collective agreement inequitable or unsuitable. The Commission also took into account the potential impact on employees, finding that the proposed transition arrangements provided adequate protection for their rights and entitlements. Based on these findings, the Commission concluded that the changes were not substantial enough to justify terminating the collective agreement.

Consequently, the application was dismissed. The Brisbane Executive Security Teams Pty Ltd Collective Agreement 2007 remains in effect, and the applicant must continue to abide by its terms and conditions. The Commission's decision underscores the importance of demonstrating significant and fundamental changes to the business to warrant the termination of a collective agreement.

Brisbane Executive Security Teams Pty Ltd T/A Brisbane Executive Security Teams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established