HelexZone Pty Ltd

[2014] FWCA 2068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HelexZone Pty Ltd
(AG2013/12177)

HELEXZONE EMPLOYEE COLLECTIVE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2014

Application for approval of the HelexZone Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the HelexZone Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HelexZone Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2014. The nominal expiry date of the Agreement is 13 December 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HelexZone Pty Ltd applied to the Fair Work Commission for the approval of the HelexZone Employee Collective Agreement 2013. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in relation to the terms and conditions it imposed on employees. The Fair Work Commission was the tribunal tasked with determining the validity of the agreement.

The legal issues that the Commission had to address included whether the agreement met the requirements for registration under the Fair Work Act, including whether it was in the interests of employees, and if it complied with the provisions concerning minimum entitlements. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement did not meet the requirements for registration as it failed to provide adequate protections for employees, particularly in relation to the terms governing the use of employee data and the conditions of work. The Commission determined that the agreement did not sufficiently protect employees’ interests and did not comply with the provisions concerning minimum entitlements. Consequently, the Commission refused to approve the agreement.

The Fair Work Commission ordered that the application for approval of the HelexZone Employee Collective Agreement 2013 be dismissed. The Commission's decision underscored the importance of ensuring that collective agreements protect the interests of employees and comply with the statutory requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established