DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Diamond Protection Pty Ltd T/A Diamond Protection
(AG2016/2205)

DIAMOND PROTECTION EMERGENCY SERVICES ENTERPRISE AGREEMENT 2016 - 2020

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 3 MARCH 2016

Application for approval of the Diamond Protection Emergency Services Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Protection Emergency Services Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Protection Pty Ltd T/A Diamond Protection. 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 10 March 2016. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Diamond Protection Pty Ltd T/A Diamond Protection applied to the Fair Work Commission for approval of the Diamond Protection Emergency Services Enterprise Agreement 2016 - 2020. The applicant, a company that provides security services, sought approval of the agreement which covered its employees who are members of the Security Officers (State) Award 2010. The legal issues for the Commission to determine included whether the agreement provided for the employees' pay and conditions of employment, whether it met the requirements for a safety net award, and if it provided for a minimum rate of pay and conditions of employment.

The Commission found that the agreement provided for the employees' pay and conditions of employment and met the requirements for a safety net award. The Commission noted that the agreement contained provisions for the employees' pay and conditions of employment, including minimum rates of pay, penalty rates, leave entitlements and other conditions of employment. The Commission also found that the agreement provided for a minimum rate of pay and conditions of employment that were no less favourable than those provided for in the Security Officers (State) Award 2010. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Diamond Protection Emergency Services Enterprise Agreement 2016 - 2020, finding that it met the requirements for a safety net award and provided for the employees' pay and conditions of employment. The Commission found that the agreement contained provisions for the employees' pay and conditions of employment, including minimum rates of pay, penalty rates, leave entitlements and other conditions of employment. The Commission also found that the agreement provided for a minimum rate of pay and conditions of employment that were no less favourable than those provided for in the Security Officers (State) Award 2010. The agreement was approved on the basis that it met the requirements of the Fair Work Act 2009.

Diamond Protection Pty Ltd T/A Diamond Protection

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established