Point 2 Point Secure Pty Ltd

[2019] FWCA 2886

[2019] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2019/64)

POINT 2 POINT SECURE SOUTH AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT (2018)

Security services
COMMISSIONER PLATT	ADELAIDE, 30 APRIL 2019

Application for approval of the Point 2 Point Secure South Australia Operations Enterprise Agreement (2018).

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure South Australia Operations Enterprise Agreement (2018) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Point 2 Point Secure Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 April 2019.

[3] On 12 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 April 2019. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES); and

•  The second sentence of clause 33.1 shall no longer apply.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 May 2021.

COMMISSIONER

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