Carl Maynard

[2019] FWC 5587

[2019] FWC 5587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Carl Maynard
(AG2019/1758)

Industries not otherwise assigned
COMMISSIONER WILLIAMS	PERTH, 13 AUGUST 2019

Application for termination of the Labourplus Security Staff Agreement 2007.

[1] This decision concerns an application to terminate a collective agreement‑based transitional instrument after its nominal expiry date made under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

[2] The collective agreement‑based transitional instrument; the subject of this application is the Labour Plus Security Staff Agreement 2007 (the Agreement). The applicant is an employee Mr Carl Maynard (Mr Maynard). The respondent is Australian Workplace Solutions (WA) Pty Ltd trading as Labourplus (Labourplus).

Background

[3] Sometime after Mr Maynard made this application United Voice made an application to intervene in the matter and be granted standing to be heard as a full participant.

[4] Shortly thereafter, United Voice filed a Form F53 Notice of Representative commencing to act advising that they now represented Mr Maynard.

[5] Labourplus oppose United Voice’s application to be granted standing to be heard in this matter.

Submissions

[6] United Voice in their application submit that it is the principal union with coverage of the security industry and security officers which are covered by the Agreement. The union submits that they are in a position to make submissions and lead evidence in relation to the public interest consideration the Commission must have regard for as required by section 226(a) of the Fair Work Act 2009 (Cth) (the Act).

[7] United Voice submit it has a proper concern that the minimum modern award standards are met by employers in the security industry and is concerned that the Agreement’s terms and conditions are not comparable to the current modern award safety net.

[8] United Voice further submits that given its role in the security services industry it is able to prepare submissions and obtain and lead relevant evidence with regard to this matter.

[9] Labourplus object to United Voice being granted leave to be heard solely on the basis that it is unnecessary because the evidence it will lead and submissions it will make on behalf of Mr Maynard are identical to those United Voice would make on its own behalf. It is submitted that this will create unnecessary technicality which can be avoided and there is no prejudice to United Voice and not being permitted to be heard and it will make matters easier and faster if only one party, the applicant, needs to be served with documents.

[10] In reply United Voice submits that the submission and evidence to be given on Mr Maynard’s behalf may well be different to those they wish to make on their own behalf. United Voice say that to alleviate concerns about complexity and serving multiple parties they are willing to undertake to nominate a single point of contact within United Voice to serve all documents on.

Consideration

[11] Section 590 of the Act provides the Commission with broad powers to inform itself as it considers appropriate. Giving leave to a union not party to an application will sometimes be appropriate, very much dependent upon the particular circumstances.

[12] In this matter preliminary information received from Labourplus indicates that Labourplus supplies nearly 4000 security guard employees to more than 20 security firms in four states of Australia.

[13] This being the case, the evidence Mr Maynard as one employee engaged working under the Agreement can provide is likely to be a very narrow view of the issues the Commission is obliged to consider as required by section 226.

[14] I am persuaded it will be of assistance to the Commission for United Voice to be heard in this matter. My decision is that United Voice will be granted the right to lead evidence, make submissions and question other witnesses, in their own right.

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