DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Security Services Pty Ltd
(AG2021/4552)

COMPASS GROUP (OMEGA SECURITY SERVICES) ENTERPRISE AGREEMENT 2021

Security services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 MAY 2021

Application for approval of the Compass Group (Omega Security Services) Enterprise Agreement 2021.

[1] Omega Security Services Pty Ltd has applied for approval of a single enterprise agreement known as the Compass Group (Omega Security Services) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The employee bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in a substantial change to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application and the Undertaking 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.

[5] The Agreement was approved on 3 May 2021 and, in accordance with s.54, will operate from 10 May 2021. The nominal expiry date of the Agreement is 3 May 2025.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omega Security Services Pty Ltd, a company engaged in security services, sought approval from the Fair Work Commission for the Compass Group (Omega Security Services) Enterprise Agreement 2021. This application arose from negotiations between the company and the union representing its employees, with the objective of establishing the terms and conditions of employment for the workforce. The legal issues central to this case involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was negotiated and the content of its provisions.

The Fair Work Commission examined whether the agreement was genuinely negotiated, whether it provided for a fair and efficient workplace, and if it adhered to the relevant statutory provisions. Central to the decision was the evaluation of whether the bargaining process was conducted in good faith and whether the agreement contained appropriate mechanisms for dispute resolution. Additionally, the court scrutinized the provisions of the agreement to ensure they complied with the Fair Work Act's requirements regarding minimum terms and conditions of employment.

Upon review, the Commission found that the agreement was genuinely negotiated and contained provisions that were fair and efficient. The court concluded that the bargaining process was conducted in good faith, and the agreement included adequate mechanisms for dispute resolution. Furthermore, the provisions of the agreement were found to comply with the statutory requirements, providing for appropriate minimum terms and conditions. Consequently, the Fair Work Commission approved the Compass Group (Omega Security Services) Enterprise Agreement 2021. This approval was based on the determination that the agreement met all necessary legal criteria and was in the best interests of both the employer and the employees.

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