DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal ATM Services Pty Ltd ATF Coastal ATM Services Trust t/a Coastal Security
(AG2015/6182)

COASTAL ATM SERVICES PTY LTD - EMPLOYEE ENTERPRISE AGREEMENT 2015-2019

Security services
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2015

Application for approval of the Coastal ATM Services Pty Ltd - Employee Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Coastal ATM Services Pty Ltd - Employee Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coastal ATM Services Pty Ltd ATF Coastal ATM Services Trust t/a Coastal Security. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2015. The nominal expiry date of the Agreement is 17 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coastal ATM Services Pty Ltd, trading as Coastal Security, applied to the Fair Work Commission for approval of the Coastal ATM Services Pty Ltd – Employee Enterprise Agreement 2015-2019. The applicants were represented by Mr. J. O'Brien, and no other party appeared to oppose the application. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from prohibited content, and whether it complied with procedural requirements. The court had to examine the agreement to ensure it covered all the necessary topics, was free from content that would be unlawful if incorporated into an award, and followed the correct procedural steps for submission and approval.

After careful consideration of the evidence and the arguments presented, the Fair Work Commission found that the Coastal ATM Services Pty Ltd – Employee Enterprise Agreement 2015-2019 was in compliance with all the statutory requirements. The agreement included all the mandatory terms, contained no prohibited content, and adhered to the procedural rules. Consequently, the Commission approved the agreement under section 181 of the Fair Work Act 2009. The court's decision was based on a thorough analysis of the agreement's provisions and its conformity with the legislative framework.

Coastal ATM Services Pty Ltd ATF Coastal ATM Services Trust t/a Coastal Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established