DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melnor Security Services Pty Ltd T/A Melnor Security Services Pty Ltd
(AG2017/5008)

MELNOR EMPLOYEE’S ENTERPRISE AGREEMENT 2017- 2021

Security services
COMMISSIONER MCKINNON	MELBOURNE, 27 MARCH 2018

Application for approval of the Melnor Employee’s Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Melnor Employee’s Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melnor Security Services Pty Ltd T/A Melnor Security Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2018. The nominal expiry date of the Agreement is 15 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Melnor Employee’s Enterprise Agreement 2017-2021. The applicant, Melnor Security Services Pty Ltd, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements for registration and if it was made in good faith and without coercion.

The primary legal issues before the court were whether the agreement was appropriately certified as a bargain free from any unlawful content and whether the applicant had followed the correct procedures for employee engagement and consultation. Additionally, the court had to determine if the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission assessed the agreement against the statutory requirements set out in the Fair Work Act 2009. The court found that the agreement was certified by an authorised bargaining representative and that the process of negotiation and consultation was compliant with the relevant provisions. The agreement was deemed to be free from any unlawful content and provided for fair and reasonable terms for the employees. Consequently, the court approved the agreement as a registered enterprise agreement, recognising it as a binding contract between the employer and the employees.

Melnor Security Services Pty Ltd T/A Melnor Security Services 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