Elite Auspak Pty Ltd

[2021] FWCA 5975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elite Auspak Pty Ltd
(AG2021/7069)

METROPOLITAN GUARD SERVICES ENTERPRISE AGREEMENT 2021

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2021

Application for approval of the Metropolitan Guard Services Enterprise Agreement 2021

[1] Elite Auspak Pty Ltd has made an application for approval of an enterprise agreement known as the Metropolitan Guard Services Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 23 September 2021 and, in accordance with s 54, will operate from 30 September 2021. The nominal expiry date of the Agreement is 23 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Elite Auspak Pty Ltd applied to the Fair Work Commission for approval of the Metropolitan Guard Services Enterprise Agreement 2021. The applicant, Elite Auspak, is a security services provider, and the agreement pertains to the employment conditions of its guards. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly whether it provided for minimum entitlements and allowed for a genuine enterprise bargaining process. The Commission was tasked with determining if the agreement was fairly negotiated and whether it complied with the statutory provisions regarding minimum standards of pay and conditions.

The Commission examined whether the agreement provided for minimum rates of pay, penalty rates, and other entitlements as required by the Act. It also considered whether the agreement demonstrated a genuine effort to negotiate between the parties and whether it contained provisions that would allow for effective enterprise bargaining in the future. In assessing these issues, the Commission took into account submissions from both Elite Auspak and other relevant stakeholders, including the guards represented by the union. The central legal issue was whether the agreement was sufficiently comprehensive and fair to warrant approval, ensuring that it met the statutory minimum standards and reflected the outcome of genuine negotiations.

In its decision, the Commission found that the agreement did provide for the minimum entitlements required by law and that it was the product of genuine bargaining efforts between the parties. The Commission noted that the agreement included provisions for minimum wages, penalty rates, and other conditions that aligned with or exceeded the statutory minimum standards. Additionally, the evidence presented indicated that the agreement was negotiated in good faith and reflected a balanced outcome for both parties. Consequently, the Commission approved the agreement, confirming that it met all necessary legal requirements for endorsement under the Act. The approval was based on the comprehensive nature of the agreement, its compliance with statutory minimum standards, and the evidence of genuine bargaining.

The final orders of the Commission included the approval of the Metropolitan Guard Services Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of guards employed by Elite Auspak Pty Ltd. The Commission's decision provided clarity on the requirements for enterprise agreements in the security services industry and set a precedent for future negotiations in similar contexts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established