ISS Security Pty Ltd T/A ISS Security

[2017] FWCA 3275

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ISS Security Pty Ltd T/A ISS Security

(AG2017/1543)

ISS Security and Uniter Voice Security Union Tullamarine Agreement 2017

Security services
Commissioner Lee	MELBOURNE, 19 JUNE 2017

Application for approval of the ISS Security & United Voice Security Union Tullamarine Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ISS Security & United Voice Security Union Tullamarine Agreement 2017 (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 T/A ISS Security. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2017. The nominal expiry date of the Agreement is 18 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were ISS Security Pty Ltd, trading as ISS Security, and the United Voice Security Union. The dispute revolved around the application for the approval of the ISS Security & United Voice Security Union Tullamarine Agreement 2017. The case was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was in the best interests of the employees covered by it and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined the terms of the agreement and the process by which it was negotiated. The agreement included provisions on wages, hours of work, and other employment conditions. The Commission considered whether the agreement provided a fair and reasonable outcome for the employees and whether it complied with the procedural requirements for approval. In its decision, the Commission found that the agreement was in the best interests of the employees and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the process by which it was negotiated was fair and appropriate.

As a result, the Commission approved the ISS Security & United Voice Security Union Tullamarine Agreement 2017. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the agreement and to ensure that it was complied with by all relevant persons.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established