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

Printed by authority of the Commonwealth Government Printer

Attachment A:

CaseChat Overview and Summary

The case involves Guardia Australia Pty Limited, an employer, and the National Union of Workers, a trade union representing its employees. The dispute centred around the approval of the Guardia Australia Security Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The Commission had to consider whether the agreement contained all the mandatory terms prescribed by the Act, was free from any prohibited content, and complied with the relevant legislative requirements.

The legal issues before the Commission were whether the agreement was compliant with the statutory obligations set out in the Fair Work Act 2009. Specifically, the Commission needed to examine whether the agreement contained all the mandatory terms, such as minimum wages, penalty rates, and other employment conditions. Additionally, the Commission had to assess if the agreement included any prohibited content, such as terms that would undermine the operation of the industrial relations system. The Commission also had to ensure that the agreement was negotiated in good faith and did not contain any terms that would have an adverse effect on employees.

The Fair Work Commission found that the Guardia Australia Security Enterprise Agreement 2015 was compliant with the Fair Work Act 2009. The Commission determined that the agreement contained all the mandatory terms and did not include any prohibited content. The Commission also concluded that the agreement was negotiated in good faith and did not have any adverse effects on employees. Therefore, the Commission approved the agreement and registered it under the Act.

The Commission's decision was based on a thorough examination of the agreement and the relevant legislative provisions. The Commission found that the agreement met all the necessary criteria for registration and did not contain any terms that would undermine the industrial relations system. The Commission also noted that the agreement provided for a fair and equitable outcome for both employers and employees. As a result, the Commission approved the agreement and registered it under the Fair Work Act 2009.

Guardia Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established