Elite Perimiter Security Pty Ltd T/A Elite Perimiter Security Pty Ltd Summary

[2022] FWCA 4018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elite Perimiter Security Pty Ltd T/A Elite Perimiter Security Pty Ltd

(AG2022/4630)

Elite Perimeter Security Pty Ltd Enterprise Agreement NOVEMBER 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Elite Perimeter Security Pty Ltd Enterprise Agreement NOVEMBER 2022

An application has been made for approval of an enterprise agreement known as the Elite Perimeter Security Pty Ltd Enterprise Agreement NOVEMBER 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elite Perimiter Security Pty Ltd T/A Elite Perimiter Security Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 15 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Elite Perimiter Security Pty Ltd, trading as Elite Perimiter Security Pty Ltd, which applied for the approval of an enterprise agreement with its employees. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes. The agreement in question, dated November 2022, outlines terms and conditions of employment for the employees of Elite Perimiter Security Pty Ltd.

The legal issues before the court centred on whether the enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and whether it was fair and reasonable. The applicant needed to demonstrate that the agreement had been negotiated fairly, without any coercion, and that it met the standards set by the Act.

In its decision, the Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as prescribed by the Fair Work Act. The court was satisfied that the negotiation process was fair and transparent and that the agreement was not unreasonable. Consequently, the application for approval of the enterprise agreement was granted. The court's reasoning was based on the evidence presented by the applicant and the compliance of the agreement with the statutory requirements. The final orders included the approval of the agreement, which would now govern the employment terms between Elite Perimiter Security Pty Ltd and its employees.

Elite Perimiter Security Pty Ltd T/A Elite Perimiter Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established