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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ISS Security Pty Ltd was the applicant seeking approval of the ISS Security Queensland Aviation Security Enterprise Agreement 2019. The applicant was represented by Mr. J. S. C. Brown, SC, and the respondent, the Assistant Fair Work Commissioner, was represented by Ms. A. J. G. O'Connell. The matter was heard in the Federal Court of Australia. The primary dispute centred around whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive fairness of the agreement.

The court was tasked with determining whether the enterprise agreement complied with the procedural and substantive fairness requirements under the Fair Work Act 2009. Procedural fairness was examined to ascertain if the bargaining process was conducted in a fair and reasonable manner. Substantive fairness involved evaluating whether the terms of the agreement were fair and reasonable in all the circumstances. The court had to consider whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

In its decision, the court found that the agreement met the requirements of procedural and substantive fairness. The bargaining process was deemed to be fair and reasonable, with adequate representation and consultation of the employees. The court also found that the terms of the agreement were fair and reasonable, providing for adequate protections and benefits for the employees. The court was satisfied that the agreement was made in good faith and was not misleading or deceptive. As a result, the court approved the enterprise agreement.

The final orders of the court were that the ISS Security Queensland Aviation Security Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published as per the requirements of the Act. The court's approval signified that the agreement would now apply to the employees covered by it, and the terms and conditions set out in the agreement would govern their employment.

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