DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Constant Security Services Pty Ltd T/A Constant Security Services
(AG2019/2413)

CSS EMPLOYEE COLLECTIVE AGREEMENT 2019

Security services
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the CSS Employee Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CSS Employee Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Constant Security Services Pty Ltd T/A Constant Security Services. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 5 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Constant Security Services Pty Ltd trading as Constant Security Services, and the Fair Work Commission. The dispute centred around the application for approval of the CSS Employee Collective Agreement 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The court was required to decide if the agreement appropriately addressed the rights and obligations of both the employer and employees, ensuring it provided for fair and reasonable terms, and complied with relevant legislative provisions.

The legal issues at hand involved scrutinising the content of the CSS Employee Collective Agreement 2019 to ascertain whether it adhered to the standards set forth by the Fair Work Act 2009. Specifically, the court had to evaluate whether the agreement was genuinely negotiated, provided for procedural fairness, and did not unfairly disadvantage any party. Furthermore, the court needed to assess if the agreement complied with the requirements of the Better Off Overall Test, ensuring that employees were no worse off financially than under their individual employment contracts.

The Fair Work Commission found that the CSS Employee Collective Agreement 2019 met the criteria for approval. The agreement was deemed to have been genuinely negotiated between the employer and employees, ensuring procedural fairness. Additionally, the agreement was found to comply with the Better Off Overall Test, as it did not result in any employee being worse off financially. The court was satisfied that the agreement provided for fair and reasonable terms, meeting the necessary standards under the Fair Work Act 2009.

As a result of the court's favourable findings, the CSS Employee Collective Agreement 2019 was approved. This decision legally recognises the agreement, which will govern the terms and conditions of employment for the employees of Constant Security Services Pty Ltd. The approval ensures that the agreement remains in effect, providing a framework for the relationship between the employer and employees.

Constant Security Services Pty Ltd T/A Constant Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established