ISS Facility Services

[2013] FWCA 346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Facility Services
(AG2012/12887)

ISS SECURITY PTY LTD AND UNITED VOICE ENTERPRISE AGREEMENT 2012-2015 (NORTHERN TERRITORY)

Northern Territory
COMMISSIONER LEWIN	MELBOURNE, 17 JANUARY 2013

Application for approval of the ISS Security Pty Ltd and United Voice Enterprise Agreement 2012-2015 (Northern Territory).

[1] An application has been made for approval of an enterprise agreement known as the ISS Security Pty Ltd and United Voice Enterprise Agreement 2012-2015 (Northern Territory) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the ISS Facility Services. The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (TWU) is a bargaining representative for the Agreement.

[3] The United Voice is a bargaining representatives for the Agreement.

[4] I am satisfied that each of the requirements of ss. 186, 187 and 188 as are relevant to this application for approval have been met.

[5] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) I note that the Agreement covers the organisation.

[6] The United Voice - Northern Territory Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 January 2013 and, in accordance with s.54, will operate from 24 January 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for the approval of the ISS Security Pty Ltd and United Voice Enterprise Agreement 2012-2015 (Northern Territory) was heard. The applicant, ISS Security Pty Ltd, sought approval of the enterprise agreement with United Voice, an affiliated union. The dispute centred around the fairness and compliance of the agreement with the relevant legislative framework.

The central legal issues before the Commission were whether the agreement was genuinely bargained, whether it met the procedural requirements, and if it complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it met the requirements of the Fair Work Act, including the "better off overall test" and the "no unprotected remuneration" test.

The Commission reviewed the evidence presented, including the negotiation process and the contents of the agreement. It considered the procedural fairness and the substantive fairness of the agreement, ensuring it adhered to the requirements of the Fair Work Act. The Commission found that the agreement was genuinely bargained, met the procedural requirements, and complied with the legislative provisions. It was determined that employees would be better off overall under the new agreement and that there were no unprotected remuneration provisions.

Accordingly, the Fair Work Commission approved the ISS Security Pty Ltd and United Voice Enterprise Agreement 2012-2015 (Northern Territory). The approval was based on the finding that the agreement was fairly and genuinely negotiated, met the procedural requirements, and complied with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established