DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coverall Security Pty Ltd
(AG2015/3013)

COVERALL SECURITY PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 30 JULY 2015

Application for approval of the Coverall Security Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coverall Security Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coverall Security Pty Ltd. 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] United Voice and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 30 July 2015 and, in accordance with s.54 of the Act, will operate from 6 August 2015. The nominal expiry date of the Agreement is 29 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by Coverall Security Pty Ltd for the approval of an enterprise agreement. The dispute arose from negotiations between the company and its employees, represented by a union, regarding terms and conditions of employment. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues before the court centred on whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum entitlements, if the bargaining was genuinely undertaken, and if the agreement was in the best interests of the employees. The court also needed to consider if the agreement met the provisions for good faith bargaining and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The court examined the process of bargaining and found that genuine efforts were made by both parties to reach an agreement. The court was satisfied that the terms of the agreement provided for minimum entitlements as required by the Act and that the agreement was in the best interests of the employees. The court concluded that the agreement complied with the statutory requirements and was fair and reasonable. Consequently, the court approved the Coverall Security Pty Ltd Enterprise Agreement 2015. The court's approval was subject to the terms and conditions outlined in the agreement, which were deemed to be in compliance with the relevant legislation.

Coverall Security 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