DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSA Security Management
(AG2018/191)

CSA SECURITY MANAGEMENT ENTERPRISE BARGAINING AGREEMENT 2018

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2018

Application for approval of the CSA Security Management Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CSA Security Management Enterprise Bargaining 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 CSA Security Management. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Clause 4.3 provides that the nominal expiry date is 30 February 2022. However, as this date does not exist, this error has been corrected to 28 February 2022, pursuant to s.586 of the Act.

[7] The Agreement was approved on 22 May 2018 and, in accordance with s.54, will operate from 29 May 2018. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of CSA Security Management, the Fair Work Commission was tasked with considering an application for the approval of the CSA Security Management Enterprise Bargaining Agreement 2018. This agreement, which was the subject of negotiation between the employer, CSA Security Management, and the union, United Voice, aimed to set the terms and conditions of employment for the employees within the enterprise. The application was brought under section 234 of the Fair Work Act 2009, where the union argued that the agreement met the criteria for registration as a single-employer enterprise agreement.

The legal issues that the Commission had to resolve revolved around whether the agreement satisfied the prerequisites for approval as a single-employer enterprise agreement. These included verifying that the agreement had been negotiated in good faith, confirming the agreement’s compliance with the provisions of the Fair Work Act, and ensuring that it did not contravene the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to determine if the agreement provided for a fair and efficient workplace by addressing the needs of the employees and the business.

After a thorough examination of the evidence and submissions presented by both parties, the Fair Work Commission found that the agreement was fair and had been negotiated in good faith. The Commission confirmed that the agreement complied with the relevant legislative framework and did not contravene any provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act. The Commission also noted that the agreement appropriately balanced the needs of the employees with the operational requirements of the business, thereby ensuring a fair and efficient workplace. Consequently, the Commission approved the CSA Security Management Enterprise Bargaining Agreement 2018 under section 234 of the Fair Work Act.

CSA Security Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established