DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2017/4230)

ISS SECURITY PTY LTD PERTH AIRPORT ENTERPRISE AGREEMENT 2016-2019

Security services
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ISS Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ISS Security Pty Ltd, sought approval of the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2016-2019. The respondent, the Transport Workers Union of Australia, opposed the application, contending that the agreement failed to meet the criteria for approval as stipulated in the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements for good faith bargaining and employee representation.

The court was tasked with determining whether the agreement demonstrated evidence of genuine efforts to reach an agreement in good faith and whether the employees were adequately represented during the bargaining process. The respondent argued that the agreement did not reflect genuine efforts to negotiate, as significant issues were left unresolved. Moreover, the respondent contended that the employees were not effectively represented, questioning the legitimacy of the agreement.

The Fair Work Commission, after reviewing the evidence and submissions, found that the applicant had engaged in good faith bargaining and that the employees were adequately represented. The Commission concluded that the agreement met the necessary statutory criteria for approval, emphasising the procedural fairness observed during the negotiations. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission ordered the approval of the ISS Security Pty Ltd Perth Airport Enterprise Agreement 2016-2019, effective from the date of the decision. This approval ensures that the agreement is legally binding and enforceable, provided all other statutory requirements are met.

ISS Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established