DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orbit Protection & Management Services Pty Ltd
(AG2016/6974)

ORBIT PROTECTION & MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2016-2020

Security services
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Orbit Protection & Management Services Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Orbit Protection & Management Services Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orbit Protection & Management Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Orbit Protection & Management Services Pty Ltd applied for approval of the Enterprise Agreement 2016-2020. The respondents, various employees of the company, objected to the agreement. The dispute centred around the terms of the proposed enterprise agreement, particularly the pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement met the "better off overall test" and if it contained mandatory terms that were lawful and procedurally fair. The Commission had to examine if the proposed agreement provided employees with conditions that were no worse than the relevant awards and if it complied with the Fair Work Act 2009. Furthermore, the Commission considered whether the agreement was made in good faith and if the required procedural steps were followed in its creation.

The Commission found that the proposed agreement did meet the better off overall test, as employees would receive a wage increase and other benefits that improved their overall conditions. The Commission also determined that the agreement contained lawful mandatory terms and that the process followed in reaching the agreement was procedurally fair. Consequently, the Commission approved the Enterprise Agreement 2016-2020, finding it to be compliant with the relevant legislation and fair for both parties.

Orbit Protection & Management 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