DECISION

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

Omega Security Services Pty Ltd T/A Omega Security Services Pty Ltd
(AG2019/2352)

COMPASS GROUP (OMEGA SECURITY SERVICES - QUEENSLAND CHILDREN'S HOSPITAL) ENTERPRISE AGREEMENT 2019

Security services
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 SEPTEMBER 2019

Application for approval of the Compass Group (Omega Security Services - Queensland Children's Hospital) Enterprise Agreement 2019.

[1] Omega Security Services Pty Ltd T/A Omega Security Services Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Compass Group (Omega Security Services - Queensland Children's Hospital) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] United Voice being a bargaining representative for the Agreement has given notice under s.183 of the Act that the Union wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[4] Clause 3.1 of the Agreement states the Agreement will operate from the day that is the start of the first pay period that commences at least seven days after the agreement is approved. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate 7 days from the date of this decision.

[5] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 September 2019. The nominal expiry date of the Agreement is 20 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omega Security Services Pty Ltd, trading as Omega Security Services, brought an application before the Fair Work Commission concerning the approval of the Compass Group (Omega Security Services – Queensland Children's Hospital) Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees of Omega Security Services who were engaged by the Queensland Children's Hospital.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for, amongst other things, the terms and conditions of employment of the employees covered by the agreement. The Commission had to determine if the agreement was sufficiently comprehensive and fair to warrant its approval.

The Commission found that the agreement met the statutory requirements. It comprehensively covered the terms and conditions of employment, including pay rates, classification, and other conditions relevant to the employees. The agreement was deemed to be in the best interests of the employees and was considered to be fair and reasonable. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the Compass Group (Omega Security Services – Queensland Children's Hospital) Enterprise Agreement 2019, effective from 1 April 2019. This decision signifies that the agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the employees covered by the agreement.

Omega Security Services Pty Ltd T/A Omega Security 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