DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Detection Security Management Pty Ltd
(AG2017/2670)

DETECTION SECURITY MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Detection Security Management Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Detection Security Management Pty Ltd Enterprise Agreement 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Detection Security Management Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2017. The nominal expiry date of the Agreement is 25 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Detection Security Management Pty Ltd applied to the Fair Work Commission for approval of the Detection Security Management Pty Ltd Enterprise Agreement 2017 - 2021. The respondents, including various trade unions, argued that the agreement did not meet the requirements of the Fair Work Act 2009, particularly concerning the provision of penalty rates and other terms and conditions of employment. The central issue before the court was whether the agreement complied with the statutory criteria for approval, specifically whether it provided for minimum terms and conditions, including penalty rates, and whether it had been made in good faith and without coercion.

The court examined the agreement in detail, considering the provisions regarding penalty rates, hours of work, and other employment conditions. It found that the agreement did provide for minimum terms and conditions, including adequate penalty rates, and that it had been made in good faith. The court noted that the agreement had been negotiated between the parties over an extended period and that there was no evidence of coercion. The court also considered the impact of the agreement on the employees and concluded that it provided for fair and reasonable terms and conditions of employment.

In light of the above, the court approved the enterprise agreement. The decision was made in accordance with the statutory criteria set out in the Fair Work Act 2009. The agreement was approved and registered, and it will now apply to the employees covered by the agreement for the period 2017-2021.

Detection Security Management 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