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

Annexure A

CaseChat Overview and Summary

Hospitality Performance Leaders Pty Ltd, trading as Nu Force Security Group, sought approval for the "You’re in Good Hands" Agreement 2019. The dispute centred on whether the proposed agreement, which was intended to provide enhanced benefits and protections for employees, met the requirements under relevant industrial legislation. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues revolved around whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement appropriately balanced the interests of the employer and employees, covered all necessary provisions, and was made without coercion or undue influence. The Commission also needed to assess whether the agreement met the threshold for being a simple, low-risk agreement or if it required broader consultation.

The Fair Work Commission found that the proposed agreement provided clear benefits and protections for employees while maintaining a fair balance with the employer’s needs. The agreement was comprehensive and did not appear to be made under any form of coercion or undue influence. It also met the requirements for a simple, low-risk agreement, which meant it did not necessitate broader employee consultation beyond the statutory minimum. Consequently, the Commission approved the "You’re in Good Hands" Agreement 2019.

The Commission’s final orders included the approval of the agreement, which would now serve as a binding enterprise agreement between Hospitality Performance Leaders Pty Ltd and its employees. This decision ensures that the employees of Nu Force Security Group benefit from the enhanced protections and benefits outlined in the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established