ISS Security Pty Ltd

[2019] FWCA 5815

[2019] FWCA 5815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Security Pty Ltd
(AG2019/2377)

ISS SECURITY QUEENSLAND AVIATION SECURITY ENTERPRISE AGREEMENT 2019

Security services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 AUGUST 2019

Application for approval of the ISS Security Queensland Aviation Security Enterprise Agreement 2019.

[1] ISS Security Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ISS Security Queensland Aviation Security Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[1] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[2] Subject to the undertaking referred to above, and on the basis of the material contained in the application, accompanying statutory declaration and the further information provided by the employer, 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.

[3] I observe that clauses 13.4(c), 15.2(b), 29.2 and 30.2(c) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 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.

[4] The Transport Workers' Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 21 August 2019 and, in accordance with s 54, will operate from 28 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A