Hospitality Performance Leaders Pty Ltd t/a Nu Force Security Group

[2020] FWCA 1777

[2020] FWCA 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hospitality Performance Leaders Pty Ltd t/a Nu Force Security Group
(AG2019/5186)

NU FORCE SECURITY GROUP “YOU’RE IN GOOD HANDS” AGREEMENT 2019

Security services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 APRIL 2020

Application for approval of the Nu Force Security Group “You’re in Good Hands” Agreement 2019.

[1] Nu Force Security Group has applied for approval of a single enterprise agreement known as the Nu Force Security Group “You’re in Good Hands” Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval and mandatory requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Nu Force Security Group sought to correct an error in the original application, by filing an amended Agreement signature page. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employees to be covered by the Agreement were invited to provide their views and did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, amended Agreement signature page, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 2 April 2020 and, notwithstanding clause 2.1 and in accordance with s.54, will operate from 9 April 2020. The nominal expiry date of the Agreement is 2 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507663 PR718029>

Annexure A