DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2016/2409)

POINT 2 POINT SECURE NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY OPERATIONS ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2016

Application for approval of the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure New South Wales and Australian Capital Territory 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 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 14 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd applied to the Fair Work Commission for approval of the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2015. The applicant was a registered telecommunications company that provides security services, and the respondent was a trade union. The union represented the applicant's employees and sought to have the agreement approved. The union argued that the agreement contained terms that were not fair and reasonable.

The main legal issue was whether the terms of the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The union argued that certain terms of the agreement, including those related to pay rates, shift penalties, and overtime, were not fair and reasonable. The union argued that the terms did not provide adequate protections for employees and were not in line with industry standards.

The Fair Work Commission found that the terms of the agreement were fair and reasonable. The commission noted that the agreement contained provisions that were consistent with industry standards and that the parties had negotiated in good faith. The commission found that the agreement provided adequate protections for employees and that the terms were not unfair or unreasonable. The commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

No further orders were made by the Fair Work Commission. The agreement was approved as presented and will now be binding on the parties and their employees. The union's application for approval of the agreement was dismissed.

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