Intiga Security Pty Ltd

[2010] FWA 7505

[2010] FWA 7505

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intiga Security Pty Ltd
(AG2010/14303)

COMMISSIONER WILLIAMS PERTH, 24 SEPTEMBER 2010

Intiga Security Employee Collective Agreement (Perth Metropolitan).

[1] Intiga Security Pty Ltd (the Applicant) has applied for the approval of the Intiga Security Employee Collective Agreement (Perth Metropolitan) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has indicated in answer to questions 2.1(a) and 2.2(a) that it did not provide the notice of representational rights to each employee who would be covered by the Agreement in accordance with the requirement of s.173.

[3] Accordingly, because of the terms in s.188(1)(ii) and s.181(2) I am not satisfied, as I am required to be by s.186(2), that the Agreement has been genuinely agreed to by the employees whom it will cover.

[4] I also note that of the 120 employees who will be covered by the agreement only seven employees cast a valid vote.

[5] Consequently this application to approve the Agreement must be refused.

[6] If a future application for an agreement in the same terms was to be made, the Applicant should ensure that the application can demonstrate that the agreement satisfies the better off overall test for new employees and for current employees considering the following clauses in the Security Services Industry Award 2010 in particular:

14. Minimum Wages

21. Ordinary Hours of Work and Rostering

22. Penalty Rates

23. Overtime

[7] It would also be appropriate to amend references to the Australian Industrial Relations Commission, the Workplace Authority, the no disadvantage test and the Australian Fair Pay and Conditions Standards given that these no longer exist following the enactment of the Fair Work Act 2009.

[8] This application is dismissed.

COMMISSIONER

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