Icorp Security Services Pty Ltd T/A Icorp Security Services Pty Ltd

[2022] FWCA 1125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Icorp Security Services Pty Ltd T/A Icorp Security Services Pty Ltd

(AG2022/663)

Icorp Security Services Pty Ltd Enterprise Agreement 2021

Security services
COMMISSIONER SIMPSON	BRISBANE, 4 APRIL 2022

Application for approval of the Icorp Security Services Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Icorp Security Services Pty Ltd Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icorp Security Services Pty Ltd T/A Icorp Security Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Icorp Security Services Pty Ltd, trading as Icorp Security Services Pty Ltd, was presented. The dispute involved the application for the approval of the Enterprise Agreement 2021, which the company sought to implement with its employees. The company, represented by its legal counsel, applied for the agreement's approval under the Fair Work Act 2009, asserting that it had been negotiated in good faith and met the necessary conditions for approval.

The legal issues central to the case were whether the Enterprise Agreement 2021 had been negotiated in good faith and whether it complied with all the statutory requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and balanced, taking into account the needs of both the employer and the employees, and if it contained all the mandated minimum terms and conditions of employment as prescribed by the Act.

The Fair Work Commission, after examining the submissions from both parties and the content of the Enterprise Agreement, found that the agreement had been negotiated in good faith and met all statutory requirements. The Commission noted the balance of the agreement, which addressed the interests of both the employer and the employees. It also confirmed that the agreement included all the mandated minimum terms and conditions, thereby fulfilling the legal criteria for approval. Consequently, the Commission approved the Enterprise Agreement 2021, allowing it to come into effect as per its terms.

In conclusion, the Fair Work Commission approved the Enterprise Agreement 2021 of Icorp Security Services Pty Ltd, recognising that it was fair, balanced, and complied with all statutory requirements. This decision allows the agreement to be implemented, providing a new framework for the terms and conditions of employment for the company's employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established