DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2017/3167)

ISS SECURITY PTY LTD AND UNITED VOICE QUEENSLAND AVIATION SECURITY ENTERPRISE AGREEMENT 2017-2019

Security services
COMMISSIONER MCKINNON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the ISS Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the ISS Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2017-2019 (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, including an undertaking to address a concern about clause 39 of the Agreement having regard to Division 2 of Part 2-9 of the Act. 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] 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 the organisations.

[6] 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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ISS Security Pty Ltd, sought approval for the ISS Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2017-2019 from the Fair Work Commission. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement that was intended to govern the employment conditions of employees within the aviation security sector. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been fairly negotiated, if it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements necessary for its approval. The Commission also needed to examine whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for appropriate protections for employees, including provisions relating to wages, hours of work, leave entitlements, and dispute resolution mechanisms. Furthermore, the Commission determined that the procedural requirements for the approval of the agreement were met, including the provision of necessary information to employees and the opportunity for employee representation during the negotiation process. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the relevant statutory provisions.

In approving the enterprise agreement, the Fair Work Commission issued an order confirming the approval of the ISS Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2017-2019. The order mandated that the agreement be registered with the Fair Work Commission and that it would apply to the employees covered by the agreement from the specified commencement date. This decision provided legal certainty to both the employer and the employees, ensuring that the terms of the agreement would govern their employment relationship for the specified period.

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