JR Singhs Enterprises PTY LTD T/A JR Security Services Australia

[2024] FWCA 6

[2024] FWCA 6

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

JR Singhs Enterprises PTY LTD T/A JR Security Services Australia

(AG2023/4601)

JR SECURITY SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2023

Security services
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2024

Application for approval of the JR SECURITY SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2023

1. An application has been made for approval of an enterprise agreement known as the JR SECURITY SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JR Singhs Enterprises PTY LTD T/A JR Security Services Australia. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above, and the template used was in a form prescribed prior to 6 June 2023. However, I am satisfied that these are minor technical errors and that pursuant to s.188(5) they may be disregarded.

1. I note that clause 23.1.1 of the Agreement states ‘the procedure in this clause 19 applies to any dispute…’ As confirmed in the undertakings attached below, the reference to clause 19 should actually refer to clause 21. I am satisfied that this is an obvious error within the meaning of s.218A(1). I therefore amend clause 23.1.1 to read as ‘The procedure in this clause 21 applies to any dispute arising between an employee and the Employer about any matters[.]’

1. I observe that certain provisions of the Agreement, in relation to compassionate leave, family and domestic violence leave and abandonment of employment, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.5 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.

1. The Agreement is approved and in accordance with s.54, will operate from 15 January 2024. The nominal expiry date of the Agreement is 8 January 2028.

COMMISSIONER

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Annexure A