DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Executive Risk Solutions (Staffing Solutions) Pty Ltd T/A Executive Risk Solutions
(AG2015/3845)

EXECUTIVE RISK SOLUTIONS ENTERPRISE AGREEMENT 2015

Security services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JULY 2015

Application for approval of the Executive Risk Solutions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Executive Risk Solutions Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Executive Risk Solutions (Staffing Solutions Pty Ltd T/A Executive Risk Solutions. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 10 July 2015 and, in accordance with s.54, will operate from 17 July 2015. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Executive Risk Solutions (Staffing Solutions) Pty Ltd, trading as Executive Risk Solutions, and the Australian Services Union. The matter before the Fair Work Commission was an application for the approval of the Executive Risk Solutions Enterprise Agreement 2015. The application was brought under section 232 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered enterprise agreement. The dispute primarily revolved around whether the agreement met the legal requirements for approval, including compliance with procedural fairness, the bargain genuinely made, and the best interests of the employees.

The key legal issues the Commission had to decide were whether the agreement had been fairly negotiated and whether it satisfied the procedural requirements for registration. The Commission also considered whether the agreement genuinely reflected a bargain between the parties, and whether it was in the best interests of the employees. This involved assessing the evidence provided, including the manner in which the agreement was negotiated and the extent of employee participation.

The Fair Work Commission found that the agreement had been fairly negotiated and met the requirements for procedural fairness. The evidence demonstrated that the agreement was genuinely made by the parties and was in the best interests of the employees. The Commission was satisfied that the negotiation process was appropriate and that the employees had been given a meaningful opportunity to participate in the bargaining process. As a result, the Commission approved the application for the registration of the Executive Risk Solutions Enterprise Agreement 2015, confirming its validity and enforceability under the Fair Work Act 2009. The decision underscored the importance of proper negotiation processes and genuine bargaining in the formation of enterprise agreements.

Executive Risk Solutions (Staffing Solutions) Pty Ltd T/A Executive Risk Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established