ISS Security Pty Ltd

[2021] FWCA 6078

[2021] FWCA 6078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2021/7497)

ISS AND UNITED WORKERS UNION MELBOURNE AIRPORT AGREEMENT 2021

Security services
COMMISSIONER LEE	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the ISS and United Workers Union Melbourne Airport Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ISS and United Workers Union Melbourne Airport Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The United Workers’ Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 24.1.5 – Notice of Termination.

•  Clause 26.9.3 – Annual Leave.

•  Clause 33.3.1 – Public Holidays.

However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 30 July 2024.

COMMISSIONER

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