DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECS International Risk Management Services Pty Ltd
(AG2020/1730)

ECS INTERNATIONAL RISK MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Security services
DEPUTY PRESIDENT CROSS	SYDNEY, 13 AUGUST 2020

Application for approval of the ECS International Risk Management Services Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for the approval of an enterprise agreement known as the ECS International Risk Management Services Pty Ltd Enterprise Agreement 2020 - 2024 (‘the Agreement’). The application was made by ECS International Risk Management Services Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 13 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by ECS International Risk Management Services Pty Ltd for the approval of its Enterprise Agreement 2020-2024. The dispute centred on whether the proposed agreement met the legal requirements for being approved under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement complied with the necessary provisions and did not disadvantage employees in terms of pay, conditions, or entitlements. The applicants sought to confirm the agreement's validity, while the respondents raised concerns about potential adverse impacts on employee rights and protections.

The central legal issues revolved around the compliance of the proposed agreement with the Fair Work Act, particularly sections that mandate agreements to not provide less favourable terms and conditions than those provided by the relevant award or safety net. The respondents argued that certain clauses within the agreement fell short of these requirements, potentially disadvantaging employees. The Commission had to scrutinise each contested clause to determine whether it met the statutory standards, ensuring employees were not unfairly treated in comparison to the safety net provided by the applicable award.

After a thorough examination of the agreement and submissions from both parties, the Fair Work Commission found that the Enterprise Agreement 2020-2024 complied with the statutory requirements under the Fair Work Act. The Commission held that none of the clauses disadvantaged employees in terms of pay, conditions, or entitlements, and that all provisions were consistent with the safety net provisions of the relevant award. Consequently, the Commission approved the agreement, recognising it as a fair and reasonable basis for employment between the parties. The approval signifies that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the specified period.

ECS International Risk Management Services 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