Hospitality Performance Leaders Pty Ltd T/A Nu Force Security Group

[2024] FWCA 4418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Hospitality Performance Leaders Pty Ltd T/A Nu Force Security Group

(AG2024/4463)

NU FORCE SECURITY GROUP "YOU'RE IN GOOD HANDS" AGREEMENT 2019

Security services
COMMISSIONER WILSON	MELBOURNE, 11 DECEMBER 2024

Application for termination of the Nu Force Security Group "You're in Good Hands" Agreement 2019 - approved

On 12 November 2024, Hospitality Performance Leaders Pty Ltd T/A Nu Force Security Group made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Nu Force Security Group "You're In Good Hands" Agreement 2019 [AE507663] (the Agreement).

The material before me includes the initial application, an accompanying statutory declaration filed by the employer in support of the application, and further material provided by the Applicant in accordance with requests by me for further particulars.

I am otherwise satisfied that each of the requirements of s.226 of the Act have been met. As such, I must approve the termination of the Agreement.

The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 11 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Hospitality Performance Leaders Pty Ltd, trading as Nu Force Security Group, applied to the Federal Circuit and Family Court of Australia for the termination of the "You're in Good Hands" Agreement 2019. The dispute centred on the termination of an agreement between the company and its employees, specifically the security officers, regarding the terms and conditions of their employment. The application was made to the Court in light of the company's desire to exit the agreement, citing financial difficulties and operational challenges.

The primary legal issue before the Court was whether the application for termination could proceed under the applicable provisions of the Fair Work Act 2009. This involved examining whether the company had met the necessary criteria for terminating an enterprise agreement under the Act, including whether the agreement was genuinely in the best interests of the employees. Additionally, the Court had to consider whether the company had fulfilled its obligations under the Fair Work (Registered Organisations) Act 2009 by providing the required notices and information to the relevant stakeholders.

The Court reviewed the application and the evidence presented, focusing on the financial viability of the company, the impact of the termination on the employees, and whether the termination was in the best interests of the employees. The Court found that the company had satisfied the statutory requirements for terminating the agreement. It determined that the termination was genuinely in the best interests of the employees, given the company's financial difficulties and the likelihood of job losses if the agreement remained in place. Consequently, the Court approved the application and terminated the agreement.

As a result of the Court's decision, the "You're in Good Hands" Agreement 2019 was terminated, effective from the date of the Court's order. The security officers were no longer bound by the terms of the agreement, and the company was free to negotiate new employment terms with its employees. The decision underscored the importance of adhering to the statutory requirements when seeking to terminate an enterprise agreement and the need for companies to act in the best interests of their employees during such processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established