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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ISS Security Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the ISS Perth Aviation Security Enterprise Agreement 2019-2022. The application was brought forward by the employer, ISS Security Pty Ltd, seeking to have the proposed agreement recognised and enforced under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the aviation security sector, specifically for employees operating at Perth Airport.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, including whether it contained the mandated minimum terms and conditions, and whether it was free from any provisions that would undermine the protection of employees' rights. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and whether it provided for the proper representation of employees' interests.

In delivering its decision, the Commission carefully examined the terms of the proposed agreement against the statutory framework. The Commission found that the agreement did indeed contain all the mandated minimum terms and conditions as required by the Act. Furthermore, it was determined that the agreement was the product of genuine negotiations and adequately represented the interests of the employees. Consequently, the Commission approved the ISS Perth Aviation Security Enterprise Agreement 2019-2022, confirming its compliance with the legislative requirements.

The Fair Work Commission approved the ISS Perth Aviation Security Enterprise Agreement 2019-2022, making it legally enforceable from the date of the decision. This outcome ensures that the terms and conditions of employment for the relevant employees are now governed by the approved agreement, providing clarity and certainty for both the employer and the employees.

ISS Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established