Macxsec WA Pty Ltd

[2014] FWCA 7990

[2014] FWCA 7990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Macxsec WA Pty Ltd
(AG2014/7455)

MACXSEC WA PTY LTD ENTERPRISE AGREEMENT 2014-2018

Security services
COMMISSIONER GREGORY	MELBOURNE, 13 NOVEMBER 2014

Application for approval of the Macxsec WA Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Macxsec WA Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Macxsec WA Pty Ltd. It is a single-enterprise agreement.

[2] On reviewing the application it was noted that the proposed Agreement does not contain a consultation term that satisfies, in full, the requirements of s.205(1A) of the Act. In particular, in terms of the requirement to consult about a change to the employees’ regular roster or ordinary hours of work the existing consultation term does not require the employer to invite the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities), or require the employer to consider any views given by the employees about the impact of the change.

[3] Given this situation the model consultation term is taken to be a term of the Agreement as provided for in s.205(2), and a copy is attached to this decision.

[4] I am otherwise satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 20 November 2014. The nominal expiry date of the agreement is 1 September 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE411065  PR557601>