DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Security Group (International) Pty Ltd
(AG2014/9601)

GOLD SECURITY GROUP (SECURITY SERVICES PERSONNEL) ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Gold Security Group (Security Services Personnel) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gold Security Group (Security Services Personnel) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gold Security Group (International) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has 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 18 December 2014. The nominal expiry date of the Agreement is 10 December 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Gold Security Group (International) Pty Ltd applied to the Fair Work Commission for approval of the Gold Security Group (Security Services Personnel) Enterprise Agreement 2014. The applicants sought to have the agreement registered under the Fair Work Act 2009. The application involved a dispute over whether the agreement met the requirements for approval as a single interest enterprise agreement, specifically regarding the proper representation of the employees.

The primary legal issue before the Commission was whether the applicant had properly represented the employees in the negotiation of the agreement. The dispute centred on the validity of the authorisation given by the employees to the applicant to act on their behalf in the negotiation and registration of the agreement. The respondent argued that the authorisation was invalid, as it did not comply with the relevant provisions of the Fair Work Act. The applicant, on the other hand, maintained that the authorisation was valid and that the agreement was properly negotiated and should be approved.

The Fair Work Commission, after reviewing the evidence and submissions, determined that the authorisation provided by the employees to the applicant was valid. The Commission found that the authorisation was properly executed and that the applicant had acted within its authority in negotiating the agreement. Consequently, the Commission approved the application and registered the enterprise agreement under the Fair Work Act. The decision was based on the Commission's assessment that the applicant had satisfied the legal requirements for the approval of a single interest enterprise agreement.

The Fair Work Commission ordered that the Gold Security Group (Security Services Personnel) Enterprise Agreement 2014 be approved and registered. The agreement was to have effect from the date of the Commission's decision, and the terms and conditions set out in the agreement were to apply to the employees covered by the agreement.

Gold Security Group (International) 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