| [2023] FWCA 739 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ISS Security Pty Ltd
(AG2023/70)
ISS Queensland Aviation Security Enterprise Agreement 2022
| Security services | |
| COMMISSIONER SIMPSON | BRISBANE, 8 MARCH 2023 |
Application for approval of the ISS Queensland Aviation Security Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the ISS Queensland Aviation Security Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 Transport Workers’ Union of Australia (TWU) and United Workers’ Union (UWU) have raised a range of concerns in submissions including in relation to the Better Off Overall Test (BOOT). These issues have been resolved except for one issue in relation to minimum potential shift length for full time employees being more flexible under the Agreement. I have taken these submissions into account, and have concluded after weighing other more beneficial terms in the Agreement, that the Agreement satisfies the BOOT.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The TWU and UWU both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU and UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- ISS Security Pty Ltd [2023] FWCA 739
- Case
- [2023] FWCA 739
- Decision Date
CaseChat Overview and Summary
The Commission examined various aspects of the agreement, including pay rates, penalty rates, hours of work, and other employment conditions. It also considered submissions from both parties, ISS Security Pty Ltd and the unions representing the employees. The Commission found that the agreement provided for fair and reasonable terms of employment, and that it complied with all relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement met the requirements for approval, as it provided for appropriate pay rates, reasonable hours of work, and other conditions that were fair and reasonable in the circumstances.
Accordingly, the Fair Work Commission approved the ISS Queensland Aviation Security Enterprise Agreement 2022. The approval means that the terms and conditions set out in the agreement will apply to employees working in the aviation security sector in Queensland. The decision provides certainty for both employers and employees, ensuring that the agreement is fair and reasonable, and complies with the relevant legal framework.
Orders
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Background
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Evidence
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Decision
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