DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2017/830)

POINT 2 POINT SECURE WESTERN AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER ROE	MELBOURNE, 4 MAY 2017

Application for approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure Western Australia 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] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 5 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd is before the Fair Work Commission, in this instance addressing the application for the approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2015. The dispute revolves around the terms and conditions of employment for the employees of Point 2 Point Secure Pty Ltd in Western Australia. The applicant, Point 2 Point Secure Pty Ltd, sought to have the enterprise agreement approved by the Commission. The legal issues that the Commission was required to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in accordance with the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement was largely compliant with the statutory requirements. The Commission noted that the agreement contained provisions that were favourable to employees, including provisions related to working hours, leave entitlements, and redundancy payments. However, the Commission identified a few areas of non-compliance, primarily concerning the notice periods for termination of employment. The Commission considered that the notice periods were excessive and not justifiable under the relevant provisions of the Fair Work Act. Despite these issues, the Commission was satisfied that the overall agreement was fair and reasonable and in the best interests of the employees.

Ultimately, the Fair Work Commission approved the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2015 with modifications to the notice periods for termination of employment. The Commission determined that the modifications were necessary to ensure compliance with the Fair Work Act and to protect the rights of employees. The final orders of the Commission included the approval of the enterprise agreement with the specified modifications, which were intended to address the identified areas of non-compliance while maintaining the overall fairness and reasonableness of the agreement.

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