DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nelson Enterprises Australia Pty Ltd
(AG2019/907)

NELSON ENTERPRISES SECURITY EMPLOYEES ENETERPRISE AGREEMENT 2019

Security services
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Nelson Enterprises Security Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nelson Enterprises Security Employees Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nelson Enterprises Australia Pty Ltd. 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.

[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 11 July 2019. The nominal expiry date of the Agreement is 4 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nelson Enterprises Australia Pty Ltd applied for approval of the Nelson Enterprises Security Employees Enterprise Agreement 2019. The respondents included various unions and employee representatives who opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner Williams.

The central legal issues before the Commission were whether the agreement complied with the statutory criteria for enterprise agreements, including provisions for employee representation, bargaining, and fairness. The respondents argued that the agreement failed to adequately ensure genuine employee participation and that certain clauses contravened the lawful provisions of the Act. The Commission had to determine whether the agreement, as presented, met the legislative standards for approval.

The Commission examined the agreement in detail, considering the structure of employee representation and the mechanisms for bargaining. It was noted that the agreement included provisions for employee representatives and a process for addressing disputes. However, the Commission identified some shortcomings in the representation framework and certain clauses that did not align with the Act’s requirements. Ultimately, the Commission found that while the agreement had commendable elements, it needed modifications to meet the statutory criteria. The Commission granted the application for approval with certain conditions, requiring specific amendments to be made to the agreement before it could be registered.

The final orders of the Commission included the approval of the Nelson Enterprises Security Employees Enterprise Agreement 2019, subject to the conditions that specific changes be made within a specified timeframe. These changes were aimed at ensuring compliance with the Fair Work Act 2009, particularly in relation to employee representation and lawful provisions. The parties were directed to notify the Commission once the amendments had been finalised and implemented.

Nelson Enterprises 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