DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OPI Holdings Pty Ltd t/a Ozland Security Services
(AG2019/481)

OZLAND SECURITY SERVICES ENTERPRISE AGREEMENT 2018-2022

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2019

Application for approval of the Ozland Security Services Enterprise Agreement 2018-2022

[1] OPI Holdings Pty Ltd t/a Ozland Security Services has made an application for approval of an enterprise agreement known as the Ozland Security Services Enterprise Agreement 2018-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 14 June 2019 and, in accordance with s 54, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of OPI Holdings Pty Ltd trading as Ozland Security Services, a dispute arose concerning the application for approval of the Ozland Security Services Enterprise Agreement 2018-2022. The application was lodged with the Fair Work Commission by the employer, OPI Holdings, and the decision was delivered by Deputy President L A E O'Sullivan. The primary issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically section 233, which mandates that an enterprise agreement must be in writing, not be discriminatory, and not contain any provisions that are contrary to public policy.

The court examined the content of the enterprise agreement to determine if it contained any provisions that contravened public policy. It was noted that the agreement contained a clause that appeared to permit certain activities that could be seen as unlawful or unethical. This clause was scrutinized to ascertain whether it fell under the category of being contrary to public policy. The court found that the clause did indeed contain provisions that could potentially lead to activities that were against the public interest, thereby rendering the agreement invalid under the Fair Work Act.

In reaching its decision, the court relied on established legal principles and precedents concerning the approval of enterprise agreements. It concluded that the inclusion of such a clause made the agreement non-compliant with the statutory requirements. Consequently, the application for approval of the Ozland Security Services Enterprise Agreement 2018-2022 was dismissed. The court's decision was based on the clear statutory mandate that agreements must not contain provisions contrary to public policy, and the identified clause in this agreement did not meet that standard. The final orders of the court were that the application be dismissed and that the agreement not be approved.

OPI Holdings Pty Ltd t/a Ozland Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established