| [2025] FWCA 316 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
ISS Security Pty Ltd
(AG2024/5209)
ISS AND UWU LAUNCESTON AIRPORT AVIATION SECURITY ENTERPRISE AGREEMENT 2024
| Security services | |
| COMMISSIONER PERICA | MELBOURNE, 28 JANUARY 2025 |
Application for approval of the ISS and UWU Launceston Airport Aviation Security Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the ISS and UWU Launceston Airport Aviation Security Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
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.
The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 28 January 2025. It will operate from 4 February 2025 as required by section 54 of the Act. The nominal expiry date is 28 January 2029.
COMMISSIONER
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Annexure A
- AGLC
- ISS Security Pty Ltd [2025] FWCA 316
- Case
- [2025] FWCA 316
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the court were whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009, particularly whether it provided for the fair and efficient resolution of workplace issues, and if it ensured that employees were not disadvantaged. Additionally, the court had to determine if the agreement adequately covered the procedural fairness in bargaining, the scope of the bargaining representatives, and whether it complied with the good faith bargaining requirements.
The Fair Work Commission carefully examined the agreement, focusing on the provisions that aligned with the statutory objectives of the Fair Work Act. The court found that the agreement met the necessary standards, ensuring that it provided for the fair and efficient resolution of workplace issues and did not disadvantage employees. The court also confirmed that the agreement complied with procedural fairness in bargaining, and that the representatives had acted in good faith. Consequently, the court approved the agreement, recognising its adherence to the legal framework and its potential to foster a fair and efficient workplace environment.
The final orders of the court approved the ISS and UWU Launceston Airport Aviation Security Enterprise Agreement 2024, affirming its validity and applicability as a binding enterprise agreement under the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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