DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2014/10882)

POINT 2 POINT SECURE VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2015

Application for approval of the Point 2 Point Secure Victorian Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure Victorian Operations Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Point 2 Point Secure Pty Ltd. It is a single enterprise Agreement.

[2] Following receipt of the application the Transport Workers’ Union of Australia Victorian/Tasmanian branch filed a Form F18 Statutory Declaration in relation to the application. It made reference to a number of matters it took issue with in regard to the proposed Agreement. The application was accordingly listed for hearing on 16 February 2015, with directions issued for the filing of submissions and any other materials the Applicant and the TWU sought to rely upon.

[3] The Applicant subsequently provided a written submission in response to the issues referred to by the TWU in its Form F18 Declaration, together with a witness statement and other supporting materials. The TWU then provided its response indicating it would not continue to pursue the matters raised in the F18 declaration if the Applicant was prepared to provide various undertakings.

[4] The Commission was subsequently in further contact with both the Applicant’s representative and the TWU to confirm that both now support approval of the proposed Agreement based on a series of undertakings to be provided by the Applicant. The undertakings concern the annual leave entitlements of any employee working as a “shift worker” as described for the purposes of the National Employment Standards; the entitlement to annual leave loading on termination of employment; and an amended scale of wage rates for casual employees designed to rectify an error in regard to the rates contained in the proposed agreement.

[5] The undertakings are attached. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are accordingly accepted and are now taken to be a term of the Agreement.

[6] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[7] The Transport Workers’ Union of Australia Victorian/Tasmanian branch, 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.

[8] The Agreement was approved on 6 March 2015 and, in accordance with s.54, will operate from 13 March 2015. The nominal expiry date of the Agreement is 30 May 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

Point 2 Point Secure Pty Ltd, an employer, sought approval of a proposed enterprise agreement from the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including that it provided for fair and reasonable terms and conditions of employment. The respondent, a trade union, raised concerns about the terms of the agreement, arguing that it did not provide for adequate protections for employees.

The court was required to determine whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement met the "better off overall test", which required that the agreement be no less favourable to employees than the applicable award or safety net.

The court found that the proposed agreement met the requirements of the Fair Work Act. The court noted that the agreement provided for a number of protections for employees, including provisions for minimum wages and leave entitlements. The court also found that the agreement met the better off overall test, as employees would receive additional benefits under the agreement compared to the applicable award. The court approved the proposed agreement, subject to certain modifications to address the union's concerns.

The court ordered that the Point 2 Point Secure Victorian Operations Enterprise Agreement 2014 be approved, subject to the modifications made by the court. The court also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the registration. The union was granted leave to appeal the decision to the Federal Court.

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