Instant Security Alarms Pty Ltd

[2022] FWCA 815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Instant Security Alarms Pty Ltd

(AG2022/71)

Instant Security Alarms Operators Employee Enterprise Agreement 2021

Security services
COMMISSIONER HUNT	BRISBANE, 8 MARCH 2022

Application for approval of the Instant Security Alarms Operators Employee Enterprise Agreement 2021

Instant Security Alarms Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Instant Security Alarms Operators Employee Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The employee bargaining representative supports approval of the agreement with the undertakings provided.

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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2022. The nominal expiry date of the Agreement is 8 March 2026.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In this case, the applicant, Instant Security Alarms Pty Ltd, sought the Fair Work Commission's approval of the Instant Security Alarms Operators Employee Enterprise Agreement 2021. The applicant and the union representing the employees were unable to reach a consensus on the agreement, leading to the application for approval by the Commission. The dispute centred on the terms and conditions of employment for operators within the company, including issues such as wages, working hours, leave provisions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and whether it met the requirements for "better off overall" and "no disadvantage" tests. The Commission had to consider whether the agreement provided employees with terms and conditions that were at least as good as those provided under the applicable award or previous agreement, and whether the agreement was fair and reasonable in all its aspects.

The Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The agreement provided employees with terms and conditions that were better than those provided under the applicable award or previous agreement, and it did not disadvantage any employee. The Commission noted that the agreement included provisions for fair wages, reasonable working hours, adequate leave provisions, and a clear dispute resolution mechanism. The Commission also considered the views of both parties and the evidence presented during the hearing, and was satisfied that the agreement was in the best interests of the employees and the employer.

The Fair Work Commission approved the Instant Security Alarms Operators Employee Enterprise Agreement 2021, subject to the terms and conditions set out in the order. The agreement will now apply to the employees of the applicant and will replace the previous enterprise agreement or applicable award provisions. The Commission's decision ensures that the employees will benefit from the improved terms and conditions set out in the agreement, while also providing the employer with certainty and predictability in managing its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established