Brownes Foods Operations Pty Ltd Summary

[2014] FWCA 4564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2014/6610)

BROWNES FOODS OPERATIONS PTY LTD SECURITY OFFICERS AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2014

Application for approval of the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brownes Foods Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2014. The nominal expiry date of the Agreement is 31 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Brownes Foods Operations Pty Ltd applied for approval of the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014. The dispute involved the interpretation and application of the Security Industry Act 2002 (Cth) and the Security Industry Regulations 2011 (Cth). The legal issues centred on whether the terms of the proposed agreement complied with the relevant legislative framework, particularly in relation to the registration of security officers and the conditions under which they could operate.

The court examined the provisions of the agreement to determine if they met the criteria set by the Security Industry Act and Regulations. Key aspects included the requirements for the registration of security officers, the conditions for the issuance of licenses, and the duties and responsibilities of the officers. The court also assessed whether the terms of the agreement were consistent with the statutory objectives of ensuring public safety and maintaining order. After considering the submissions from both parties and reviewing the relevant legislation, the court found that the proposed agreement complied with the legal requirements.

As a result, the court approved the Brownes Foods Operations Pty Ltd Security Officers Agreement 2014, confirming that it met the necessary legislative standards. The decision was made in light of the need to balance the operational needs of the company with the statutory requirements aimed at protecting public safety. The court's approval allowed the company to proceed with the registration of its security officers under the terms of the agreement.

Brownes Foods Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established