DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMP Security Services Pty Ltd T/A Force Response Security
(AG2021/27)

CMP SECURITY PTY LTD ENTERPRISE AGREEMENT 2020

Security services
COMMISSIONER MCKINNON	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the CMP Security Pty Ltd Enterprise Agreement 2020.

[1] Application has been made by CMP Security Services Pty Ltd t/a Force Response Security for approval of a single enterprise agreement known as the CMP Security Pty Ltd Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 24 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of CMP Security Services Pty Ltd T/A Force Response Security, the Fair Work Commission was tasked with approving the CMP Security Pty Ltd Enterprise Agreement 2020. This agreement aimed to regulate the terms and conditions of employment for certain employees of the company. The dispute centred on whether the agreement provided fair and reasonable terms for the employees and complied with relevant legislative requirements.

The central legal issues before the Commission involved ensuring that the proposed agreement met the statutory standards for approval, particularly under the Fair Work Act 2009. This included verifying that the agreement was free from prohibited content, provided for a safety net of minimum terms and conditions, and was made in good faith. Additionally, the Commission had to assess whether the agreement's provisions were procedurally sound and whether the process of its formation was fair and appropriate.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission acknowledged that the agreement was free from prohibited content, provided adequate minimum terms and conditions, and was made in good faith. Furthermore, the Commission was satisfied with the procedural fairness of the agreement's formation, noting that the bargaining process was appropriate and that the employees had been adequately consulted. Based on these findings, the Commission approved the CMP Security Pty Ltd Enterprise Agreement 2020, deeming it compliant with the legislative requirements.

As a result of the approval, the CMP Security Pty Ltd Enterprise Agreement 2020 is now in effect, governing the employment terms for the specified employees of CMP Security Services Pty Ltd T/A Force Response Security. The Commission's decision provides clarity and certainty for both the employer and employees, ensuring that the agreement's provisions are legally sound and fair.

CMP Security Services Pty Ltd T/A Force Response Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established