DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lincoln Sentry Group Pty Ltd
(AG2019/1317)

LINCOLN SENTRY (BAYSWATER) ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the Lincoln Sentry (Bayswater) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lincoln Sentry (Bayswater) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lincoln Sentry Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lincoln Sentry Group Pty Ltd applied to the Fair Work Commission for approval of the Lincoln Sentry (Bayswater) Enterprise Agreement 2019. The applicant, a provider of security services, entered into the agreement with its employees represented by the Security, Investigative and Private Industry Employees Union. The dispute before the Commission involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues centred around whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it was genuinely negotiated. The Commission examined the process of negotiation, the terms of the agreement, and the interests of the employees.

The Commission considered the evidence provided by the parties and found that the agreement was genuinely negotiated and met the criteria for approval. It determined that the process was fair, and the terms of the agreement were reasonable and provided for the fair and reasonable terms and conditions of employment. The Commission also found that the agreement provided for the interests of the employees and did not have any provisions that were contrary to public policy. Consequently, the application for approval of the Lincoln Sentry (Bayswater) Enterprise Agreement 2019 was approved by the Commission.

The Commission's decision was based on the evidence provided by the parties and the provisions of the Fair Work Act 2009. It found that the agreement was genuinely negotiated and met the necessary criteria for approval. The Commission also considered the interests of the employees and the provisions of the agreement. The decision was made in accordance with the law, and the applicant's application for approval of the enterprise agreement was approved.

Lincoln Sentry Group 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