Elite Auspak Pty Ltd Trading AS Metropolitan Guard Services

[2025] FWCA 3401

[2025] FWCA 3401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Elite Auspak Pty Ltd Trading AS Metropolitan Guard Services

(AG2025/3117)

METROPOLITAN GUARD SERVICES ENTERPRISE AGREEMENT 2025

Security services
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 OCTOBER 2025

Application for approval of the Metropolitan Guard Services Enterprise Agreement 2025

1. An application has been made by Elite Auspak Pty Ltd (Applicant) for approval of an enterprise agreement known as the Metropolitan Guard Services Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

1. Section 186(2)(a) requires that an agreement be genuinely agreed to. In determining whether an agreement is genuinely agreed the Commission is required by s. 188 to take into account the statement of principles made under s. 188B. The Commission’s statement of Principles provides that:

17. In considering whether employees have a sufficient interest in the terms of an enterprise agreement as required by section 188(2)(a) of the Fair Work Act, and whether the employees are sufficiently representative as required by section 188(2)(b), the FWC may take into account:
1. whether the employees entitled to vote on the enterprise agreement are to be paid the rates of pay provided for in the agreement, and
2. the extent to which the employees entitled to vote on the enterprise agreement are employed across the full range of:
1. classifications in the agreement
2. types of employment in the agreement (for example, full-time, part-time and casual)
3. geographic locations the agreement covers, and
4. industries and occupations the agreement covers.

1. This Agreement is unusual in that, at present, it currently covers only two full-time employees. Its scope however allows it to cover full-time, part-time and casual employees who may work in any State or Territory. A conference was convened to better understand the operations of the business. The Applicant explained that it is a small security business providing security services on a sub-contract basis. They supply services for events and on an as needs basis. When required the two permanent employees are supplemented with casual labour to meet client needs. They have standing contracts to offer services for a number of companies but only on a supplementary and as needed basis. Clients may be in any State or Territory.   

1. Having regard to the material contained in the application and filed in relation to it, and the information provided in conference, I am satisfied that each of the requirements of ss. 186 and 187 are met.  

1. The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 26A, Workplace delegates’ rights, in the Security Services Industry Award 2020 is to be taken to be a term of the Agreement.

1. The Agreement was approved on 10 October 2025 and will operate from 17 October 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 October 2029.

DEPUTY PRESIDENT

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