DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporate Protection Australia Group Pty Ltd
(AG2018/540)

CORPORATE PROTECTION AUSTRALIA GROUP (QLD) ENTERPRISE AGREEMENT 2018

Security services
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2018

Application for approval of the Corporate Protection Australia Group (QLD) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Protection Australia Group (QLD) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Protection Australia Group Pty Ltd. 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.

[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] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2018. The nominal expiry date of the Agreement is 2 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corporate Protection Australia Group Pty Ltd sought approval of the Corporate Protection Australia Group (QLD) Enterprise Agreement 2018 in the Fair Work Commission. The applicant argued that the agreement should be certified as meeting the requirements for a modern award. The respondents, comprising employees of the company, contested the certification, arguing that the agreement did not meet the necessary standards.

The court was required to determine whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. This included examining the agreement for compliance with the formal requirements under the Act, ensuring it was not contrary to public policy, and assessing whether it provided for fair and reasonable terms and conditions of employment.

The court held that the agreement complied with the necessary legal standards. The applicant had demonstrated that the agreement was not contrary to public policy and contained terms that were fair and reasonable. The court was satisfied that the agreement met the formal requirements under the Act, including provisions for minimum rates of pay, maximum hours of work, and conditions for termination of employment. The court certified the agreement as meeting the requirements for a modern award.

The Fair Work Commission certified the Corporate Protection Australia Group (QLD) Enterprise Agreement 2018 as a modern award. The agreement was to be effective from the date of the decision and would apply to the employees covered by the agreement. The respondents' objections were dismissed, and the agreement was approved for operation.

Corporate Protection Australia Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established