Holistic Security Pty Ltd

[2013] FWCA 9197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holistic Security Pty Ltd
(AG2013/7717)

HOLISTIC SECURITY PTY LTD ENTERPRISE AGREEMENT

Security services
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2013

Application for approval of the Holistic Security Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Holistic Security Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holistic Security 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 2 December 2013. The nominal expiry date of the Agreement is 1 December 2017.

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holistic Security Pty Ltd was the applicant seeking approval of an enterprise agreement, with the Australian Education, University and Research Union being the respondent. The matter was heard in the Fair Work Commission, the court responsible for dealing with workplace relations and industrial matters. The primary issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative provisions and whether it was fair and reasonable for the parties involved.

The Commission examined whether the agreement met the formal requirements set out in the Fair Work Act 2009, including whether it had been negotiated in good faith and whether it contained the necessary provisions regarding pay, conditions, and dispute resolution. Additionally, the Commission assessed whether the agreement was fair and reasonable by considering the interests of the employees and the employer, and whether it provided a fair and reasonable outcome for all parties. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions, particularly those related to pay and working conditions.

The Commission found that the agreement was generally fair and reasonable, despite some concerns raised by the respondent. The Commission considered the evidence presented by both parties and the provisions of the Fair Work Act 2009. It determined that the agreement complied with the formal requirements and provided a fair and reasonable outcome for both the employees and the employer. The Commission approved the enterprise agreement, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act 2009.

The Commission ordered that the Holistic Security Pty Ltd Enterprise Agreement be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The Commission also imposed certain conditions on the approval to ensure compliance with the Fair Work Act 2009, including the requirement for ongoing monitoring and reporting on the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established