Iss Security Pty Ltd Summary

[2024] FWCA 4241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Iss Security Pty Ltd

(AG2024/3812)

ISS BRISBANE AIRPORT AVIATION SECURITY ENTERPRISE AGREEMENT 2024

Security services
DEPUTY PRESIDENT CROSS	SYDNEY, 2 DECEMBER 2024

Application for approval of the ISS BRISBANE AIRPORT AVIATION SECURITY ENTERPRISE AGREEMENT 2024

An application has been made for approval of an enterprise agreement known as the ISS Brisbane Aviation Security Enterprise Agreement 2024 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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 and 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Iss Security Pty Ltd, which sought approval for the ISS BRISBANE AIRPORT AVIATION SECURITY ENTERPRISE AGREEMENT 2024. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently addressed various aspects of employment conditions, including wages, hours of work, and other terms and conditions.

The primary legal issues before the FWC were whether the proposed agreement complied with the procedural requirements of the Fair Work Act and whether the agreement was fair and reasonable in terms of its provisions. Specifically, the FWC needed to assess if the agreement was appropriately negotiated, if it contained mandatory terms as required by the Act, and if it provided adequate protections and benefits for the employees covered by the agreement.

The FWC found that the agreement had been negotiated in good faith and included all mandatory terms stipulated by the Act. The FWC considered the provisions of the agreement to be fair and reasonable, taking into account the nature of the work, the bargaining power of the parties, and the overall impact on the employees. The FWC was satisfied that the agreement provided a balanced outcome, ensuring that both the employer's operational needs and the employees' rights and protections were adequately addressed.

As a result, the FWC approved the ISS BRISBANE AIRPORT AVIATION SECURITY ENTERPRISE AGREEMENT 2024, confirming its validity and enforceability under the Fair Work Act. The agreement is now set to govern the employment conditions of the relevant employees, providing a framework for their wages, hours of work, and other terms and conditions.

Iss Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established