ISS Security Pty Ltd

[2023] FWCA 1865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ISS Security Pty Ltd

(AG2023/1808)

ISS PERTH AVIATION SECURITY ENTERPRISE AGREEMENT 2023

Security services
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2023

Application for approval of the ISS Perth Aviation Security Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the ISS Perth Aviation Security Enterprise Agreement 2023 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that 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. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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.

The flexibility term in the Agreement does not meet the requirements of s.203(2)(b) and s.203(7)(b) of the Act. 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 Transport Workers’ Union of Australia and the United Workers’ Union, being bargaining representatives for the Agreement, have given notices 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2023. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ISS Security Pty Ltd, a security services provider, and its employees represented by the Security, Investigative and Private Industry Employees Union. The dispute centred on the approval of the ISS Perth Aviation Security Enterprise Agreement 2023. The employees sought to have the agreement, which included provisions on wages, working conditions, and other employment terms, approved under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement met the requirements for "better off overall" and "no disadvantage" tests, as stipulated by the Fair Work Act. Additionally, the court had to determine if the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to relevant industrial relations principles and practices.

The court examined the evidence presented by both parties, including submissions on the financial implications of the agreement for ISS Security and the impact on employee conditions. The court considered the comprehensive nature of the agreement, including its provisions on wages, leave entitlements, and workplace safety. Ultimately, the court found that the agreement was fair and reasonable, meeting the statutory requirements for approval. The agreement was deemed to provide a balance of interests that met the necessary legal standards.

The final orders of the court were that the ISS Perth Aviation Security Enterprise Agreement 2023 be approved, effective from the date of the decision. This approval would allow the agreement to be registered with the Fair Work Commission, thereby formalising the terms and conditions of employment for the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established