Marsters Entourage Security Solutions Pty Ltd Summary

[2014] FWCA 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marsters Entourage Security Solutions Pty Ltd
(AG2013/10369)

MARSTERS ENTOURAGE SECURITY SOLUTIONS PTY LTD SECURITY OFFICERS (NEW SOUTH WALES) AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 8 APRIL 2014

Application for approval of the Marsters Entourage Security Solutions Pty Ltd Security Officers (New South Wales) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Marsters Entourage Security Solutions Pty Ltd Security Officers (New South Wales) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Marsters Entourage Security Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] After reviewing the application the Commission raised a number of issues with the Applicant concerning, in particular, the requirements of the “better off overall” test. These included the proposed rates to be paid to casual employees; the hourly rate proposed to be paid for work on public holidays, and the “voluntary additional hours” provisions which are intended to apply in respect of work in excess of ordinary hours.

[3] The matter was set down for hearing to deal with these issues, however, that hearing was subsequently adjourned at the request of the Applicant on the basis that it wanted further time to understand and respond to the issues raised by the Commission. An adjournment of one week was accordingly granted.

[4] The Applicant subsequently provided a detailed response to the issues raised by the Commission, including a series of proposed undertakings. Its response included:

A revised set of rates to be paid to casual employees and an undertaking these will be paid to those employees in place of those originally proposed;

Amended rates for work performed on public holidays and an undertaking these will apply in place of those originally proposed;

An undertaking that overtime rates as provided for in the Security Services Industry Award 2010 will be paid when overtime is worked.

Further details were also provided about the relationship between the proposed classification scale in the Agreement and that contained in the Award.

[5] I have accepted the undertakings which have been provided by the Applicant and am satisfied that they deal with the issues raised in regard to satisfaction of the requirements contained in the “better off overall” test. A copy of those undertakings is attached to this decision. I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have also been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2014. The nominal expiry date of the Agreement is 14 April 2016, being 2 years after the date of approval.

COMMISSIONER

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

The case involves an application for the approval of the Marsters Entourage Security Solutions Pty Ltd Security Officers (New South Wales) Agreement 2013. The applicant, Marsters Entourage Security Solutions Pty Ltd, sought approval of the agreement from the Industrial Relations Commission of New South Wales. The nature of the dispute is the terms and conditions of employment for security officers within the New South Wales jurisdiction, as outlined in the proposed agreement.

The legal issues that the court was required to decide pertain to whether the proposed agreement met the necessary criteria for approval under the relevant industrial relations legislation. Specifically, the court needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with statutory requirements. This included examining whether the agreement was genuinely negotiated, and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the court thoroughly examined the contents of the proposed agreement. It assessed whether the terms and conditions of employment were fair and reasonable, taking into account the specific needs and circumstances of the security industry. The court also considered whether the agreement complied with statutory requirements and whether it had been genuinely negotiated between the parties. Ultimately, the court found that the proposed agreement met the necessary criteria for approval and granted the application. The decision was based on the court's determination that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with all relevant statutory requirements.

Marsters Entourage Security Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established