DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention
(AG2014/9154)

CHARTER PROTECTIVE SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2015

Application for approval of the Charter Protective Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Charter Protective Services Pty Ltd Enterprise 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 Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2015. The nominal expiry date of the Agreement is 25 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A:

CaseChat Overview and Summary

The applicant, Charter Protective Services Pty Ltd trading as Charter Loss Prevention/Southern Cross Loss Prevention, applied to the Fair Work Commission for approval of the Charter Protective Services Pty Ltd Enterprise Agreement 2014. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The dispute was heard by the Commission, with Deputy President Ryan presiding. The legal issues before the court involved whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for the proper protection of employees' rights and interests, and whether it contained terms that were unfair.

The court examined the provisions of the agreement to determine if they met the requirements for approval. The agreement included provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The court also considered whether any of the terms were unfair, taking into account the principles of procedural and substantive fairness. After reviewing the evidence and arguments presented, the court found that the agreement met the criteria for approval. The court determined that the agreement provided for the proper protection of employees' rights and interests and that none of the terms were unfair. The court approved the agreement, and it will now be binding on the parties from the date of the decision. The orders of the court included the approval of the Charter Protective Services Pty Ltd Enterprise Agreement 2014, which will now be registered with the Fair Work Commission.

Charter Protective Services Pty Ltd T/A Charter Loss Prevention/Southern Cross Loss Prevention

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established