FBIS International Protective Services (Aust) Pty Ltd

[2017] FWCA 3998

[2017] FWCA 3998

FAIR WORK COMMISSION

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

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Annexure A