DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2015/3981)

POINT 2 POINT SECURE SOUTH AUSTRALIAN OPERATIONS ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2015

Application for approval of the Point 2 Point Secure South Australian Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure South Australian Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Point 2 Point Secure Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd, an employer, brought an application before the Fair Work Commission for the approval of the Point 2 Point Secure South Australian Operations Enterprise Agreement 2015. The agreement was a proposed collective agreement between the employer and its employees. The primary dispute in this matter concerned the procedural fairness of the process through which the agreement was negotiated and the content of the agreement itself. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it was made in accordance with procedural fairness principles.

The legal issues before the Commission involved assessing whether the agreement was genuinely a product of free and voluntary negotiations and whether it complied with the procedural fairness requirements. The employer argued that the agreement was the result of a genuine process and satisfied all legal requirements. The Commission examined the negotiation process, the conduct of the parties, and the terms of the agreement to ensure it met the necessary standards. The agreement was scrutinized to determine if it provided for fair and reasonable terms and conditions of employment, and whether it was appropriately certified as a single-interest enterprise agreement.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements for approval. The process was deemed fair, and the terms of the agreement were considered reasonable and in compliance with the law. The Commission was satisfied that the agreement was made in accordance with procedural fairness, as the employer had adequately facilitated a process that allowed for meaningful negotiation and consideration of the employees' interests. Consequently, the Commission approved the agreement, finding it to be a genuine and compliant enterprise agreement.

The final orders of the Commission were that the Point 2 Point Secure South Australian Operations Enterprise Agreement 2015 be approved, with the approval to take effect from the date of the decision. The agreement was to apply to the employees covered by it, and the employer was required to comply with its terms. This decision provided clarity and legal certainty for the employer and employees regarding the terms of their employment and the procedures for negotiating future agreements.

Point 2 Point Secure 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