DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CUBE4 Security Pty Ltd T/A CUBE4 Security
(AG2019/3982)

CUBE 4 SECURITY ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER YILMAZ	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the CUBE 4 Security Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the CUBE 4 Security Enterprise 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 CUBE4 Security Pty Ltd T/A CUBE4 Security. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] The Agreement is approved and in accordance with s.54, will operate from 20 November 2019. The nominal expiry date of the Agreement is 12 November 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, CUBE4 Security Pty Ltd T/A CUBE4 Security applied for approval of the CUBE 4 Security Enterprise Agreement 2019. The application was brought by the Australian Council of Trade Unions, who were the registered bargaining agents for the employees. The dispute centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement complied with the "better off overall test" and that it was made in good faith.

The central legal issue before the Commission was whether the proposed agreement provided employees with terms and conditions that were no less favourable than those they would have obtained under the applicable awards, and whether it met the criteria for good faith bargaining. The Commission also had to consider whether the agreement contained the necessary "express terms" as required by the Fair Work Act.

The Commission found that the agreement satisfied the "better off overall test" as it provided for wage increases, improved shift penalties, and additional leave provisions that were favourable to the employees. The Commission also determined that the agreement was made in good faith, as there was evidence of genuine and meaningful negotiations between the parties. The Commission approved the agreement, emphasising the need for it to be implemented in a manner that upheld the spirit of the Fair Work Act.

The Commission approved the CUBE 4 Security Enterprise Agreement 2019, subject to the terms and conditions set out in the decision. The approval was contingent upon the agreement being implemented in good faith, and the parties were directed to take all necessary steps to ensure compliance with the terms of the agreement and the Fair Work Act.

CUBE4 Security Pty Ltd T/A CUBE4 Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established