DECISION

Fair Work Act 2009
s.185—Enterprise agreement

P&J Industrial Solutions Pty Ltd
(AG2016/2870)

STATEWIDE MONITORING SERVICES ENTERPRISE AGREEMENT 2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 3 JUNE 2016

Application for approval of the Statewide Monitoring Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Monitoring Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&J Industrial Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] Statewide Monitoring Services 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

P&J Industrial Solutions Pty Ltd was involved in an application to the Fair Work Commission (FWC) seeking approval of the Statewide Monitoring Services Enterprise Agreement 2016. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose from the terms of the agreement which were being contested by certain employees who argued the agreement did not fairly and adequately reflect their employment conditions.

The legal issues before the FWC were whether the agreement was a "single interest" enterprise agreement and whether it had been genuinely agreed to by the majority of the employees. The FWC had to consider the definition of "genuine agreement" and the "single interest" test under the Fair Work Act 2009. Additionally, the FWC needed to evaluate the evidence presented regarding the negotiation process and the manner in which the agreement was communicated to the employees.

In reaching its decision, the FWC examined the evidence of the negotiation process and the manner in which the agreement was presented to the employees. The FWC determined that the agreement met the "single interest" test, as it was intended to apply to a single group of employees with a common interest. The Commission also concluded that the agreement had been genuinely agreed to by the majority of the employees. The FWC found that the negotiation process was fair and that the agreement was properly communicated to the employees, thereby satisfying the requirements of the Act.

As a result of this decision, the FWC approved the Statewide Monitoring Services Enterprise Agreement 2016, recognising it as a registered agreement. The final orders included the registration of the agreement and the establishment of the terms and conditions it contained for the relevant employees.

P&J Industrial Solutions 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