DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jeffrey Jones
(AG2017/4589)

CSO CROWD CONTROL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER MCKINNON	MELBOURNE, 16 MARCH 2018

Application for approval of the CSO Crowd Control Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CSO Crowd Control Services Pty Ltd Enterprise 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 Jeffrey Jones. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 15 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jeffrey Jones, as the Chief Industrial Officer of the Fair Work Commission, was the respondent in the case concerning the application for approval of the Crowd Control Services Pty Ltd Enterprise Agreement 2017. The dispute arose under the Fair Work Act 2009, where the primary issue was whether the agreement met the legal standards required for approval, including compliance with the statutory requirements of the Act.

The court was tasked with determining if the agreement contained all the mandated terms and conditions, ensuring it was fair and equitable, and whether it adhered to the procedural requirements as outlined in the Act. A particular focus was on the procedural fairness demonstrated during the negotiation process and whether the agreement complied with the relevant provisions of the Fair Work Act.

The court examined the evidence provided and concluded that the Crowd Control Services Pty Ltd Enterprise Agreement 2017 was fair and reasonable. The agreement included all the mandated terms and conditions, and it was found that the negotiation process was conducted in a manner that met the statutory requirements. The court noted that the agreement was fair and equitable, as it addressed the needs of both the employees and the employer. Consequently, the court approved the agreement for registration.

The final orders of the court were to approve the Crowd Control Services Pty Ltd Enterprise Agreement 2017 for registration under the Fair Work Act 2009, ensuring that it would be binding on the parties involved. The decision underscores the importance of meeting the legal standards and procedural fairness in enterprise agreements to ensure compliance with the Act.

Jeffrey Jones

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established