DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporate Protection Australia Group Pty Ltd T/A Corporate Protection Australia
(AG2016/3567)

CORPORATE PROTECTION AUSTRALIA GROUP BMA - BMC ENTERPRISE AGREEMENT 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 1 SEPTEMBER 2017

Application for approval of the Corporate Protection Australia Group BMA - BMC Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Protection Australia Group BMA – BMC Enterprise Agreement 2016. (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Protection Australia Group Pty Ltd T/A Corporate Protection Australia (CPA). It is a single enterprise agreement.

[2] It is noted, in particular, that the Agreement provides that ordinary hours of work are to be worked between the hours of 6 a.m. and 6 p.m., Monday to Friday. The Agreement continues to provide that any work performed outside of these times shall be paid at the overtime rates specified in clause 18 of the Agreement.

[3] I am otherwise satisfied that each of the requirements in ss.186, 187 and 188 of the Act as are 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 8 September 2017.The nominal expiry date of the Agreement is 10 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Corporate Protection Australia Group Pty Ltd, trading as Corporate Protection Australia, and its employees, represented by a union. The dispute centred on the approval of the Corporate Protection Australia Group BMA - BMC Enterprise Agreement 2016. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it had been made in accordance with the procedural requirements, and whether it contained the mandated minimum terms and conditions. Additionally, the Commission considered whether the agreement was consistent with the purpose of the Act, which includes promoting high levels of productivity and fair work outcomes for employees.

The Commission found that the agreement was a bona fide enterprise agreement, having been negotiated in good faith. It was also determined that the procedural requirements for the making of the agreement had been followed correctly. Furthermore, the agreement contained all the mandated minimum terms and conditions as stipulated by the Act. The Commission concluded that the agreement was consistent with the purpose of the Act, promoting positive industrial relations and fair outcomes for both the employer and employees.

The Fair Work Commission approved the Corporate Protection Australia Group BMA - BMC Enterprise Agreement 2016, recognising its compliance with the statutory requirements and its alignment with the objectives of the Fair Work Act. This decision provided certainty and stability in the workplace, facilitating improved industrial relations between the parties.

Corporate Protection Australia Group Pty Ltd T/A Corporate Protection Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established