DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Iqbal International Pty Ltd T/A Safehands Security Services
(AG2020/4072)

SAFEHANDS SECURITY SERVICES ENTERPRISE AGREEMENT 2020

Security services
COMMISSIONER YILMAZ	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Safehands Security Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Safehands Security Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Iqbal International Pty Ltd T/A Safehands Security Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] I observe that clause 18(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2021. The nominal expiry date of the Agreement is 4 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Iqbal International Pty Ltd, trading as Safehands Security Services, applied for the approval of the Safehands Security Services Enterprise Agreement 2020. The application was made under section 230 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the company's security officers, with a focus on issues such as pay rates, shift penalties, and other employment conditions.

The legal issues that the Commission was required to decide included whether the agreement met the requirements for a simple, single-enterprise agreement as outlined in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was appropriately negotiated, included necessary provisions for employee protections, and was in the best interests of the employees. Furthermore, the Commission needed to ensure that the agreement did not adversely affect the employees’ existing conditions of employment and that it complied with the requirements of the Fair Work Act.

The Commission found that the agreement was appropriately negotiated and contained necessary provisions for employee protections. The agreement provided for fair pay rates and penalties for shift work, which were considered to be in the best interests of the employees. The Commission determined that the agreement did not adversely affect the employees’ existing conditions of employment and was in compliance with the Fair Work Act. Consequently, the Commission approved the Safehands Security Services Enterprise Agreement 2020, ensuring that it would be legally binding on the parties involved.

The Fair Work Commission approved the Safehands Security Services Enterprise Agreement 2020, effective from the date of the decision. This decision ensures that the agreement will govern the employment conditions of the security officers employed by Iqbal International Pty Ltd, trading as Safehands Security Services, and provides a framework for the ongoing relationship between the employer and employees.

Iqbal International Pty Ltd T/A Safehands Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established