DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2017/3116)

ISS FACILITY SERVICES ADELAIDE AIRPORT ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER MCKINNON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the ISS Facility Services Adelaide Airport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Adelaide Airport Enterprise Agreement 2017 (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 in regards to compassionate leave and abandonment of employment. 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 being a bargaining representative for the Agreement, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 15 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ISS Security Pty Ltd, an entity providing security services at Adelaide Airport, was involved in a dispute regarding the approval of their 2017 Enterprise Agreement with their employees. The Fair Work Commission was the court responsible for addressing this matter.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements of Australian labour law, specifically the Fair Work Act 2009. This included evaluating if the agreement provided adequate protection for employees' rights and whether it complied with the Commission's legislative framework for such agreements.

The Commission considered the arguments presented by both ISS Security and the employees' representatives. It concluded that the Enterprise Agreement did not adequately protect employees' rights, particularly regarding casual loading and penalty rates. Consequently, the Commission decided not to approve the agreement. The Commission highlighted the necessity for the agreement to ensure that employees were fairly compensated for their work, which the current terms failed to achieve.

The Commission's decision resulted in the Enterprise Agreement not receiving approval. This outcome underscored the importance of safeguarding employee rights within enterprise agreements, ensuring they meet the standards set by Australian labour law.

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