DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Services Australia Pty Ltd
(AG2020/2553)

GLOBAL SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Global Services Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Global Services Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Services Australia 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 undertakings 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2020. The nominal expiry date of the Agreement is 15 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Global Services Australia Pty Ltd was the applicant before the Fair Work Commission, seeking approval of an enterprise agreement. The agreement pertained to its employees, who were represented by the Shop, Distributive and Allied Employees Association. The nature of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the interests of the employees and if it was made in good faith and contained the necessary provisions.

The legal issues before the Commission centred on whether the agreement complied with the formal requirements of the Act, including provisions on minimum rates of pay, penalty rates, and conditions such as leave entitlements. The Commission also had to assess if the agreement contained the necessary "safety net" provisions and if it was made in good faith and without coercion. Additionally, the Commission examined whether the agreement was consistent with the principles of enterprise bargaining and whether it provided fair and reasonable terms for the employees.

In delivering its decision, the Commission found that the agreement contained all necessary "safety net" provisions and met the requirements of the Act. The Commission concluded that the agreement was made in good faith and without coercion. It also found that the agreement provided fair and reasonable terms for the employees and was consistent with the principles of enterprise bargaining. Accordingly, the Commission approved the Global Services Australia Enterprise Agreement 2020.

No further orders were made by the Commission, as the primary application for approval of the agreement was granted.

Global Services Australia 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