DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kevlar Security Solutions Pty Ltd
(AG2017/953)

KEVLAR SECURITY SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2017

Application for approval of the Kevlar Security Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kevlar Security Solutions 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 Kevlar Security Solutions Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 6 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kevlar Security Solutions Pty Ltd was the subject of an application to the Fair Work Commission for the approval of an enterprise agreement. The enterprise agreement in question was the Kevlar Security Solutions Pty Ltd Enterprise Agreement 2017. The dispute arose from a disagreement between the company and its employees concerning the terms and conditions of employment, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issues the Commission needed to address were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it contained all the mandated terms and conditions as specified by the Act. Additionally, the Commission had to consider whether the agreement facilitated, promoted, or improved the efficient operation of the enterprise, and whether it provided for the equitable treatment of employees.

The Fair Work Commission, after examining the agreement and the submissions from both parties, concluded that the Kevlar Security Solutions Pty Ltd Enterprise Agreement 2017 complied with the necessary statutory requirements. The Commission found that the agreement contained all the mandated terms and conditions and that it was likely to facilitate, promote, or improve the efficient operation of the enterprise. Furthermore, the agreement provided for the equitable treatment of employees. Consequently, the Commission approved the enterprise agreement under the Fair Work Act 2009. The approval of the agreement was subject to the usual conditions and provisions as outlined in the Act.

Kevlar Security Solutions 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