Macxsec WA Pty Ltd

[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

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Macxsec WA Pty Ltd involved an application by the employer for approval of an enterprise agreement. The agreement in question, titled the Macxsec WA Pty Ltd Enterprise Agreement 2014-2018, was contested by the union representing the employees. The dispute centred on various terms and conditions proposed in the agreement, including wages, working hours, and other employment-related provisions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, whether it contained the mandatory terms prescribed by the Act, and whether it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment. The union argued that certain provisions of the agreement did not meet these standards and were not in the best interests of the employees.

The Commission carefully reviewed the agreement, taking into account the submissions from both parties. It found that the agreement had been made in accordance with the necessary procedural requirements and contained the mandatory terms as prescribed by the Act. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, and that it was in the best interests of the employees. Consequently, the Commission approved the Macxsec WA Pty Ltd Enterprise Agreement 2014-2018, subject to certain minor amendments to address technical issues identified during the review process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established