Elite Security & Technology Group Pty Ltd

[2013] FWCA 820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elite Security & Technology Group Pty Ltd
(AG2013/104)

ELITE SECURITY & TECHNOLOGY GROUP PTY LTD ENTERPRISE AGREEMENT 2013 - 2014

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 FEBRUARY 2013

Application for approval of the Elite Security & Technology Group Pty Ltd Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Elite Security & Technology Group Pty Ltd Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 11 February 2013. The nominal expiry date of the Agreement is 1 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Elite Security & Technology Group Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, as a representative of the employees, engaged in a dispute regarding the approval of an enterprise agreement for the years 2013 to 2014. The matter was brought before the Commission to determine whether the proposed agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues before the Commission involved the assessment of whether the enterprise agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it had been fairly and properly negotiated. Additionally, the Commission needed to consider if the agreement provided for a proper process for resolving disputes between the parties and whether it was in the best interests of the employees.

The Commission, after reviewing the submissions and evidence presented by both parties, found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement had been negotiated fairly and properly and that it provided for an appropriate process for resolving disputes. The Commission also concluded that the agreement was in the best interests of the employees, considering the overall benefits and protections it provided. Accordingly, the Commission approved the Elite Security & Technology Group Pty Ltd Enterprise Agreement 2013-2014.

The Fair Work Commission approved the Elite Security & Technology Group Pty Ltd Enterprise Agreement 2013-2014, finding that it met all the necessary criteria under the Fair Work Act 2009. The agreement was made in good faith, contained all the required minimum terms and conditions, and was negotiated fairly and properly. The Commission also found that the agreement provided for an appropriate process for resolving disputes and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established