DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Group 5 Security Pty Ltd
(AG2015/150)

GROUP 5 SECURITY PTY LTD ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER CARGILL	SYDNEY, 19 FEBRUARY 2015

Application for approval of the Group 5 Security Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Group 5 Security Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Group 5 Security Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 26 February 2015. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Group 5 Security Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement that had been negotiated between the company and its employees. The dispute centred around the terms and conditions set out in the Group 5 Security Pty Ltd Enterprise Agreement 2014. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were multifaceted, focusing on whether the agreement provided for the proper balance of rights and obligations for both parties, was free from prohibited content, and was negotiated in good faith. Additionally, the Commission needed to assess if the agreement met the "better off overall test" to ensure it was not detrimental to the employees.

The Fair Work Commission carefully considered the evidence presented by both Group 5 Security Pty Ltd and the employees' representatives. After thorough deliberation, the Commission concluded that the agreement was fair and reasonable, meeting all statutory requirements. The agreement was found to provide for a fair balance of rights and obligations, contained no prohibited content, and was negotiated in good faith. Furthermore, the agreement was deemed to satisfy the better off overall test.

As a result of the Commission's decision, the Group 5 Security Pty Ltd Enterprise Agreement 2014 was approved. This decision provided legal certainty and clarity regarding the terms and conditions of employment for the employees covered by the agreement.

Group 5 Security 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