DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FBIS International Protective Services (Aust) Pty Ltd
(AG2017/820)

FBIS INTERNATIONAL PROTECTIVE SERVICES (AUST) PTY LTD COLLECTIVE AGREEMENT 2016 - 2020

Security services
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2017

Application for approval of the FBIS International Protective Services (Aust) Pty Ltd Collective Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the FBIS International Protective Services (Aust) Pty Ltd Collective Agreement 2016 – 2020 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (“the Act”) by FBIS International Protective Services (Aust) Pty Ltd (“FBIS”). It is a single enterprise agreement.

[2] After reviewing the application and the Employer’s F17 Statutory Declaration, together with the terms and conditions contained in the proposed Agreement, the Commission sought clarification from the Applicant about some of the conditions contained in the Agreement. FBIS has provided various written undertakings in response. After reviewing the terms of the undertakings I am satisfied that they will not cause financial detriment to any employee to be covered, or result in substantial changes to the Agreement. The undertakings, contained in Annexure A to this decision, are accordingly accepted and in accordance with s.191 of the Act will now be taken to be a term of the Agreement.

[3] It is also noted that the Agreement Flexibility Term, contained in sub clause 1.6 of the Agreement, provides that either party can terminate an Individual Flexibility Agreement made under that sub clause by giving 13 weeks notice of termination to the other party. However, the model flexibility term contained in Schedule 2.2 of the Fair Work Regulations 2009, pursuant to s.202(5) of the Act, provides instead that the employer or an employee may terminate an Individual Flexibility Agreement by giving no more than 28 days written notice to the other party. As a consequence the model term is now taken to be a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements in ss.186, 187 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from
4 August 2017. The nominal expiry date of the Agreement is 27 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of FBIS International Protective Services (Aust) Pty Ltd involved the applicant, a company seeking approval for a collective agreement, and the respondent, who was not explicitly identified in the text. The nature of the dispute centred around the application for the approval of the FBIS International Protective Services (Aust) Pty Ltd Collective Agreement 2016 - 2020. The court responsible for this matter was the Fair Work Commission, an Australian tribunal with jurisdiction over employment-related disputes.

The primary legal issue before the court was whether the collective agreement in question met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the provisions related to employee representation, bargaining, and the good faith requirement. The court also needed to consider whether the agreement addressed the rights and obligations of both the employer and the employees adequately.

The Fair Work Commission examined the collective agreement closely, focusing on whether it provided for genuine employee representation and if it facilitated effective bargaining. The court found that the agreement included provisions for the establishment of a committee to represent the employees, which was a positive indicator of employee representation. Additionally, the court assessed the agreement's provisions on wages, hours of work, and other conditions of employment to ensure they were fair and reasonable. After careful consideration, the court concluded that the agreement met the statutory requirements and approved it. The decision was based on the comprehensive nature of the agreement, which addressed various aspects of the employment relationship and demonstrated a commitment to good faith bargaining. The court's approval of the agreement was a significant step in formalising the terms of employment between the employer and the employees.

FBIS International Protective Services (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established