ISS Security Pty Ltd

[2019] FWCA 8688

[2019] FWCA 8688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2019/4583)

ISS PERTH AVIATION SECURITY ENTERPRISE AGREEMENT 2019-2022

Security services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 DECEMBER 2019

Application for approval of the ISS Perth Aviation Security Enterprise Agreement 2019-2022.

[1] ISS Security Pty Ltd has applied for approval of a single enterprise agreement known as the ISS Perth Aviation Security Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met; the Agreement passes the “better off overall” test and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] The consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[6] The Transport Workers’ Union of Australia and the United Workers’ Union (formerly United Voice), being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 23 December 2019 and, in accordance with s.54, will operate from 30 December 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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