E Security Group Pty Ltd

Case [2025] FWCA 2291


[2025] FWCA 2291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

E Security Group Pty Ltd

(AG2025/1492)

E SECURITY GROUP SECURITY AND EVENTS ENTERPRISE AGREEMENT 2025

Security services

COMMISSIONER CRAWFORD

SYDNEY, 11 JULY 2025

Application for approval of the E Security Group Security and Events Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the E Security Group Security and Events Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by E Security Group Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 11 July 2029.

COMMISSIONER

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Details
AGLC
E Security Group Pty Ltd [2025] FWCA 2291
Case
[2025] FWCA 2291
Decision Date

CaseChat Overview and Summary

E Security Group Pty Ltd is a company in the security and events sector that had entered into an Enterprise Agreement with its employees. The application before the Fair Work Commission was for approval of the E Security Group Security and Events Enterprise Agreement 2025. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the agreement.

The primary legal issues before the Commission were whether the agreement provided for the fair and equitable treatment of employees, and if it met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for appropriate minimum rates of pay, leave entitlements, and other conditions that met or exceeded the national safety net. It also had to ensure that the agreement was free from any elements that could be considered coercive or oppressive.

In reaching its decision, the Commission considered the submissions from both parties and the evidence provided. It examined the agreement's provisions in light of the national safety net and the Fair Work Act. The Commission found that the agreement provided for fair and equitable treatment of employees, with appropriate minimum rates of pay and leave entitlements. It also found that the agreement was free from any coercive or oppressive elements. Consequently, the Commission approved the agreement, recognising it as meeting the necessary legal standards.

The Fair Work Commission approved the E Security Group Security and Events Enterprise Agreement 2025, recognising it as fair and meeting the requirements of the Fair Work Act. This decision ensures that employees within the company will be treated equitably under the terms and conditions of the approved agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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