DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greenstone Services Pty Ltd T/A J-SEC
(AG2019/4466)

GREENSTONE SERVICES PTY LTD TRADING AS J-SEC ENTERPRISE AGREEMENT 2019

Security services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the Greenstone Services Pty Ltd trading as J-SEC ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the Greenstone Services Pty Ltd trading as J-SEC ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greenstone Services Pty Ltd T/A J-SEC. 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 26 February 2020. The nominal expiry date of the Agreement is 25 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Greenstone Services Pty Ltd, trading as J-SEC, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The nature of the dispute was to seek the Commission's endorsement of the agreement, which aimed to regulate the terms and conditions of employment for the company's workers. The court involved was the Fair Work Commission, which is responsible for handling such applications.

The legal issues that the Commission needed to address included whether the agreement complied with the requirements of the Fair Work Act 2009, such as the provisions for fair and reasonable terms, and if the agreement had been made in good faith. The Commission also needed to determine whether the agreement met the criteria for being a simple, low-risk, or certified agreement, as these categories have different procedural requirements.

The Commission considered the submissions from both parties, along with the evidence presented. It examined the negotiation process and whether it was conducted in good faith, and whether the agreement was fair and reasonable. The Commission determined that the agreement met the necessary criteria for approval, including being a low-risk agreement. The Commission found that the negotiation process was conducted in good faith and the agreement contained fair and reasonable terms for the employees. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the Greenstone Services Pty Ltd trading as J-SEC Enterprise Agreement 2019, subject to the conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of the company's workers from the effective date specified in the agreement.

Greenstone Services Pty Ltd T/A J-SEC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established