Mitchell’s Security Services Pty. Limited

[2013] FWCA 1210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell’s Security Services Pty. Limited
(AG2013/325)

MITCHELL’S SECURITY SERVICES PTY. LIMITED ENTERPRISE AGREEMENT 2012

Security services
COMMISSIONER LEWIN	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Mitchell’s Security Services Pty. Limited Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Mitchell’s Security Services Pty. Limited Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theMitchell’s Security Services Pty. Limited. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2013. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Mitchell’s Security Services Pty. Limited, which sought approval for the Mitchell’s Security Services Pty. Limited Enterprise Agreement 2012. The Fair Work Commission was tasked with determining whether the agreement should be approved, given the various provisions it contained. The nature of the dispute was centred on whether the agreement met the requirements of the Fair Work Act 2009 and if it was fair and reasonable in terms of the employees’ rights and entitlements.

The key legal issues before the Commission were whether the agreement adequately covered all the necessary minimum terms and conditions as outlined by the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement was fair and reasonable, taking into account the balance of rights and obligations of the employer and employees, and if it provided for the prompt and equitable resolution of any disputes that might arise.

The Fair Work Commission examined the provisions of the agreement, considering the various clauses related to wages, hours of work, leave entitlements, and other conditions of employment. The Commission noted that the agreement included a wide range of terms and conditions that aligned with the minimum standards prescribed by the Fair Work Act. Furthermore, the Commission assessed the fairness of the agreement by evaluating the rights and obligations of both parties, as well as the mechanisms for dispute resolution. The Commission concluded that the agreement was fair and reasonable and met the criteria for approval under the Act.

The Commission approved the Mitchell’s Security Services Pty. Limited Enterprise Agreement 2012, confirming that it complied with the requirements of the Fair Work Act and was fair and reasonable for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established