DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H W Frost Equipment Pty Ltd T/A Frost Security Locksmiths & Architectural Hardware
(AG2016/7721)

H W FROST EQUIPMENT PTY LTD (SECURITY - LOCKSMITHS) WORKPLACE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	SYDNEY, 10 MARCH 2017

Application for approval of the H W FROST EQUIPMENT PTY LTD (SECURITY – LOCKSMITHS) WORKPLACE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the H W FROST EQUIPMENT PTY LTD (SECURITY – LOCKSMITHS) WORKPLACE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H W Frost Equipment Pty Ltd T/A Frost Security Locksmiths & Architectural Hardware. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 9 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Frost Security Locksmiths & Architectural Hardware, sought approval of a workplace agreement from the Fair Work Commission. The agreement, titled the H W Frost Equipment Pty Ltd (Security – Locksmiths) Workplace Agreement 2016, was intended to govern the employment terms of the company’s workers. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for casual employment, pay rates, and working hours.

The legal issues before the Commission centred on whether the agreement provided for terms and conditions that were fair and reasonable, as required by the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a registered agreement under the Act, which includes compliance with the relevant minimum standards and the process for making the agreement.

The Fair Work Commission approved the application, finding that the agreement provided for fair and reasonable terms and conditions. The Commission noted that the agreement complied with the relevant minimum standards and that the process for making the agreement was followed appropriately. The Commission also considered the evidence presented by the applicant, which demonstrated that the agreement had been negotiated in good faith and was supported by the workers.

The Commission's decision was based on the evidence and submissions provided by the applicant, which showed that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009. The Commission approved the application, and the agreement was registered as a registered agreement under the Act.

H W Frost Equipment Pty Ltd T/A Frost Security Locksmiths & Architectural Hardware

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established