Fortress Group (Aust) Pty Ltd

[2014] FWCA 820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fortress Group (Aust) Pty Ltd
(AG2013/11836)

FORTRESS SECURITY EMPLOYEE COLLECTIVE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Fortress Security Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fortress Security Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fortress Group (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2014. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fortress Group (Aust) Pty Ltd was the subject of an application before the Fair Work Commission concerning the approval of the Fortress Security Employee Collective Agreement 2013. The dispute arose between the applicant, Fortress Group, and its employees, who were represented by the National Tertiary Education Union (NTEU). The primary focus of the application was to determine whether the terms and conditions outlined in the proposed agreement were fair and appropriate, taking into account the needs of both the employer and the employees.

The legal issues before the commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in relation to the provisions regarding wages, hours of work, and other employment conditions. The commission had to consider whether the agreement provided fair and reasonable terms that did not undermine the general principles of industrial relations law, including the protection of employees' rights and the maintenance of a balanced approach between the interests of employers and employees. Another significant aspect was the compliance of the agreement with any relevant awards or enterprise agreements that might be in effect.

The commission examined the arguments presented by both parties and reviewed the content of the proposed agreement in detail. It assessed the fairness and reasonableness of the terms, considering the economic context, the nature of the work involved, and the bargaining power of the parties. The commission concluded that the agreement, while generally fair, required some amendments to better align with the objectives of the Fair Work Act. After making the necessary adjustments, the commission approved the agreement, subject to the modifications. The final decision ensured that the terms were fair and balanced, protecting the rights of employees while also allowing the employer to operate efficiently.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established