DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nationwide Corporate Services Pty Ltd
(AG2020/3381)

NATIONWIDE CORPORATE SERVICES ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Nationwide Corporate Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Corporate Services Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Nationwide Corporate Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and in accordance with s 54 of the Act will operate from 31 December 2020. The nominal expiry date of the Agreement is 24 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Nationwide Corporate Services Pty Ltd and its employees, with the Fair Work Commission (FWC) handling the application for the approval of the Nationwide Corporate Services Enterprise Agreement 2020. The dispute centred on whether the agreement met the necessary legal standards for fair and equitable treatment of employees. The FWC was tasked with ensuring the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly concerning procedural fairness, the bargaining process, and the agreement's substantive terms.

The primary legal issues revolved around whether the agreement was genuinely the product of free and voluntary bargaining between the parties, if the agreement was procedurally fair, and whether the terms of the agreement were fair and reasonable. The FWC also examined whether the agreement adequately covered all necessary conditions of employment and whether it provided for appropriate dispute resolution mechanisms. Additionally, the FWC needed to assess if the agreement met the criteria for being a single, integrated, and complete agreement.

The FWC found that the agreement was genuinely the result of free and voluntary bargaining, as evidenced by the participation of both parties and the thorough negotiation process. The Commission noted that the bargaining process was procedurally fair, with adequate opportunity for the employees' representatives to engage with the employer. In terms of the substantive fairness of the agreement, the FWC determined that the terms were reasonable and not detrimental to the employees. The agreement was found to cover all necessary employment conditions and included appropriate dispute resolution mechanisms. Consequently, the FWC approved the Nationwide Corporate Services Enterprise Agreement 2020.

The FWC's decision was grounded in a comprehensive analysis of the evidence and legal principles applicable to enterprise agreements. The FWC's approval of the agreement signifies its satisfaction that the agreement meets the legislative requirements for fairness and procedural integrity. The FWC's final order was the approval of the Nationwide Corporate Services Enterprise Agreement 2020, effective from the date of the decision.

Nationwide Corporate 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