Platinum ER Pty Ltd Summary

[2016] FWCA 1226

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Platinum ER Pty Ltd T/A Platinum Employee Relations

(AG2016/117)

STATE GUARD PROTECTIVE SERVICES PTY LTD 2015 EBA

Security services

COMMISSIONER GREGORY

MELBOURNE, 26 FEBRUARY 2016

Application for approval of the State Guard Protective Services Pty Ltd 2015 EBA.

[1] An application has been made for approval of an enterprise agreement known as the

State Guard Protective Services Pty Ltd 2015 EBA (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum

ER Pty Ltd T/A Platinum Employee Relations. The Agreement is a single enterprise

agreement.

[2] The employer 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 of the Act as are relevant to this application for

approval have been met.
[2016] FWCA 1226

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

4 March 2016. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1226

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the State Guard Protective Services Pty Ltd 2015 EBA, a single enterprise agreement. The application was lodged by Platinum ER Pty Ltd, trading as Platinum Employee Relations, under section 185 of the Fair Work Act 2009. The central issue before the Commission was whether the enterprise agreement met the legislative requirements set out in sections 186, 187, 188, and 190 of the Act.

The Commission considered whether the employer had provided written undertakings that would prevent financial detriment to employees and substantial changes to the agreement. The employer had submitted such undertakings, and the Commission was satisfied that they would not result in any adverse effects for the employees. Further, the Commission was satisfied that the employer had complied with the relevant sections of the Act, which pertain to the approval of enterprise agreements.

In light of the employer's written undertakings and the compliance with the legislative requirements, the Commission approved the enterprise agreement. The agreement will come into effect on 4 March 2016, as per section 54 of the Act, and will remain in force until 25 February 2020, which is the nominal expiry date. The approval of the agreement ensures that it will operate as intended and provide a stable framework for the employment relationship between the employer and employees.

Platinum ER Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established