DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gold Security Group (International) Pty Ltd
(AG2017/3630)

GOLD SECURITY GROUP (EMERGENCY SERVICES PERSONNEL) ENTERPRISE AGREEMENT 2017

Security services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2017

Application for approval of the Gold Security Group (Emergency Services Personnel) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Gold Security Group (Emergency Services Personnel) Enterprise Agreement 2017 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 22 November 2017 and, in accordance with s.54, will operate from 29 November 2017. The nominal expiry date of the Agreement is 22 November 2021

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Security Group (International) Pty Ltd was the subject of an application for the approval of an enterprise agreement concerning its employees involved in emergency services. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with considering the application. The dispute centred around the terms and conditions of employment set forth in the proposed Gold Security Group (Emergency Services Personnel) Enterprise Agreement 2017, specifically whether these terms complied with the applicable statutory requirements and if the agreement should be approved.

The legal issues that the Commission had to resolve included whether the agreement met the procedural prerequisites for approval, such as being made by authorised representatives and whether it contained all the mandated minimum terms and conditions. Furthermore, the Commission had to determine if the provisions of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer, and whether it complied with the provisions of the Fair Work Act 2009.

The Commission found that the application was properly made and that the agreement was duly certified by the necessary representatives. It was also determined that the agreement contained all the required minimum terms and conditions. The Commission considered various submissions and evidence regarding the fairness and reasonableness of the agreement's provisions, ultimately concluding that the agreement was fair and reasonable in all its terms. Consequently, the Commission approved the Gold Security Group (Emergency Services Personnel) Enterprise Agreement 2017, finding it to be compliant with the statutory requirements.

The final orders included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the employees in the specified category. The agreement was to be registered with the Fair Work Commission and would take effect from the date of the approval decision.

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