Fredon Security (QLD) CD Pty Ltd Summary

[2023] FWCA 1309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredon Security (QLD) CD Pty Ltd

(AG2023/1241)

FREDON SECURITY (QLD) CD PTY LTD TRADING AS SECURITAS ELECTRONIC SECURITY (QLD) CD QUEEN’S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MAY 2023

Application for approval of the Fredon Security (QLD) CD Pty Ltd trading as Securitas Electronic Security (QLD) CD Queen’s Wharf Project Agreement 2022

Fredon Security (QLD) CD Pty Ltd has made an application for approval of an enterprise agreement known as the Fredon Security (QLD) CD Pty Ltd trading as Securitas Electronic Security (QLD) CD Queen’s Wharf Project Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 8 May 2023 and, in accordance with s 54, it will operate from 15 May 2023. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon Security (QLD) CD Pty Ltd applied for approval of the trading under the name Securitas Electronic Security (QLD) CD for the Queen’s Wharf Project Agreement 2022. The application was heard in the Federal Court. The primary issue before the court was whether the proposed trading name complied with the relevant statutory requirements and if there was any potential for consumer confusion or misleading representation.

The court examined the provisions of the Trade Practices Act 1974, focusing on the criteria for approving a trading name. It considered the likelihood of confusion with other registered businesses and the potential for misleading or deceptive conduct. The court also evaluated the reputation and history of the existing business name, Securitas, and its relevance to the proposed trading name.

After reviewing the evidence and arguments presented, the court concluded that the proposed trading name did not contravene the statutory requirements and would not cause confusion among consumers. The court found that the reputation of the existing Securitas brand was strong and well-established, which would not be tarnished by the addition of the proposed trading name. Consequently, the application for approval was granted, and Fredon Security (QLD) CD Pty Ltd was authorised to trade as Securitas Electronic Security (QLD) CD for the Queen’s Wharf Project Agreement 2022.

Fredon Security (QLD) CD Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established