DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frosts Security Locksmiths Pty Ltd
(AG2021/180)

FROST SECURITY LOCKSMITHS PTY LTD WORKPLACE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 16 FEBRUARY 2021

Application for approval of the Frost Security Locksmiths Pty Ltd Workplace Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Frost Security Locksmiths Pty Ltd Workplace Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frosts Security Locksmiths Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The consultation term contained in clause 31 of the Agreement does not comply with the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement contained a typographical error at clause 22 and the Applicant has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 15 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frosts Security Locksmiths Pty Ltd recently appeared before the Fair Work Commission to seek approval of its 2021 Workplace Agreement. The dispute involved the terms and conditions outlined in the proposed agreement, with particular focus on employee rights and employer obligations. The Fair Work Commission, known for its role in regulating workplace relations in Australia, was tasked with determining whether the agreement complied with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for a protected action (bargaining) agreement, as outlined in section 229 of the Fair Work Act. This included assessing whether the agreement provided for genuine bargaining between the parties, and whether it met the requirements for good faith bargaining, including ensuring that employees were adequately represented and had an opportunity to participate in the negotiation process. The Commission also considered whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the provisions of the National Employment Standards.

The Commission found that the proposed agreement was largely in compliance with the requirements of the Fair Work Act. It determined that genuine bargaining had occurred, evidenced by the involvement of employee representatives and the negotiation of terms that reflected a balanced consideration of the interests of both parties. The agreement was deemed to provide fair and reasonable terms, meeting the needs of both employees and the employer. The Commission approved the agreement, noting that it was in the best interest of the employees and provided a fair and efficient framework for workplace relations. The approval ensures that the agreement can now be implemented, providing a clear set of terms and conditions for the employees of Frosts Security Locksmiths Pty Ltd.

Frosts Security Locksmiths 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