N T Seaman T/A United Wolves

[2019] FWC 1791

[2019] FWC 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

N T Seaman T/A United Wolves
(AG2018/4986)

COMMISSIONER MCKINNON MELBOURNE, 19 MARCH 2019

Application for approval of the GSA Security Management Enterprise Bargaining Agreement 2018.

[1] Application has been made by N T Seaman t/a United Wolves under s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the GSA Security Management Enterprise Bargaining Agreement 2018 (the Agreement).

[2] The application was considered by a Full Bench of the Commission in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others  1 and remitted to me for further consideration.2

[3] On 4 February 2019, a number of my concerns in relation to the application were communicated to the Applicant. The Applicant provided a response to those concerns but the response does not address the concerns in relation to loaded rates of pay.

[4] Under the Agreement the ‘ordinary hourly rate’ is ‘inclusive of all allowances, penalties and loadings and is payable for all hours worked, except where otherwise provided.’ 3 The same arrangement applies to Crowd Controllers and Static Guards.4 Casual employees are also paid an ‘ordinary hourly rate of pay’ for all hours worked.5

[5] The Agreement permits casual employees to be employed from time to time to work on weekends, including weekend nights. I consider that a likely scenario. A casual employee working 8 hour shifts on Friday and Saturday night each week would earn $528.00 gross per week under the Agreement, compared to $582.58 gross per week under the Security Services Award 2010.

[6] I am not satisfied on the basis of the material before me, and having regard to the Loaded Rates Decision, 6that the Agreement passes the better off overall test for the purposes of s.193 of the Act.

[7] On that basis, the Agreement cannot be approved. 7 Given this finding, it is not necessary to deal further with the other issues that arise in relation to the application, including those additional matters identified by the Full Bench.

[8] The application is dismissed.

COMMISSIONER

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<PR705990>

 1   [2019] FWCFB 318

 2   See ibid, [175]

 3   Agreement, cl.11.2.1

 4   Agreement, cl.12

 5   Agreement, cl.11.1

 6   [2018] FWCFB 3610

 7   See the Act, s.186(2)(d).