[2015] FWCA 1476

The attached document replaces the document previously issued with the above code on 5 March 2015.

The words “Application for approval of” have been removed from the title.

Associate to Commissioner Gregory

Dated 6 March 2015.

[2015] FWCA 1476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Security Services Australia Pty Ltd
(AG2014/8010)

THE NATIONAL SECURITY SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2015

Application for approval of The National Security Services Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The National Security Services Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Security Services Australia Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 11 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Security Services Australia Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the National Security Services Australia Enterprise Agreement 2014. The applicant, National Security Services Australia Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute arose as the employer and the relevant union could not reach an agreement on the terms of the proposed enterprise agreement.

The central legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided a net benefit to the employees covered by the agreement. The FWC also needed to consider if the agreement complied with the "good faith" requirements and whether it contained the necessary provisions as stipulated by the Act.

In its decision, the FWC thoroughly examined the provisions of the proposed enterprise agreement, assessing its compliance with the statutory requirements. The FWC found that the agreement did meet the BOOT criteria, as it provided overall benefits to the employees. Additionally, the FWC concluded that the agreement was negotiated in good faith and contained all the necessary provisions required by the Fair Work Act 2009. Therefore, the FWC approved the National Security Services Australia Enterprise Agreement 2014, deeming it compliant with the legislative framework.

The FWC's final order was the approval of the National Security Services Australia Enterprise Agreement 2014, effective from the date of the decision. This approval allows the agreement to bind both the employer and the employees, ensuring that the terms and conditions outlined within are legally enforceable.

National Security Services Australia 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