Guardia Australia Pty Limited

[2015] FWCA 5638

[2015] FWCA 5638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guardia Australia Pty Limited
(AG2015/4632)

GUARDIA AUSTRALIA SECURITY ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Guardia Australia Security Enterprise Agreement 2015.

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

[2] After reviewing the application and the terms and conditions contained in the proposed Agreement the Commission sought clarification about various matters, including whether the group of employees to be covered by the proposed Agreement can be said to have been “fairly chosen.” A further issue concerned the entitlements of employees to be employed on a part-time basis.

[3] A written response was subsequently received from the Applicant which indicated, in part, that it only has 3 employees employed at present in work covered by the Security Services Industry Award 2010. The Applicant also proposed to provide an undertaking confirming the overtime entitlements for part-time employees will be applied in the same way as in the Award.

[4] I have accepted that undertaking which is attached to this decision and will now be a term of the Agreement.

[5] I am otherwise 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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