DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guardforce Australia Pty Ltd T/A Guardforce Australia
(AG2015/4459)

GUARDFORCE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Guardforce Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Guardforce Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Guardforce Australia Pty Ltd T/A Guardforce Australia. The agreement is a single-enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 29 October 2015. The nominal expiry date of the Agreement is 21 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Guardforce Australia Pty Ltd, trading as Guardforce Australia, sought approval of the Guardforce Australia Pty Ltd Enterprise Agreement 2015. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute centred on whether the agreement met the requirements for a protected action ballot as set out in the Act and whether it complied with the relevant provisions regarding employee representation and the bargaining process.

The primary legal issues before the Commission involved whether the agreement was the product of genuine and meaningful bargaining, whether it adequately represented the interests of the employees, and if it complied with the procedural requirements for bargaining and approval as stipulated by the Act. The Commission examined the evidence provided by the parties, including submissions from both the employer and the union, to determine the legitimacy and fairness of the agreement.

The Commission found that the agreement was indeed the outcome of genuine and meaningful bargaining. It considered that the bargaining process was conducted in good faith and that the agreement fairly represented the interests of the employees. Furthermore, the Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to the conduct of a protected action ballot. Consequently, the Commission approved the Guardforce Australia Pty Ltd Enterprise Agreement 2015, finding that it met all necessary legal criteria.

As a result of the decision, the Fair Work Commission granted approval of the agreement, which now legally binds the parties involved. The approval signifies that the agreement will govern the employment terms and conditions of the employees covered by it, subject to the provisions of the Fair Work Act and any other applicable laws.

Guardforce Australia Pty Ltd T/A Guardforce Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established