DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prime Security International Pty Ltd t/a PSI Security
(AG2020/110)

PRIME SECURITY INTERNATIONAL AGREEMENT 2020-2024

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MARCH 2020

Application for approval of the Prime Security International Agreement 2020-2024

[1] Prime Security International Pty Ltd t/a PSI Security has made an application for approval of an enterprise agreement known as the Prime Security International Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 4 March 2020 and, in accordance with s 54, will operate from 11 March 2020. The nominal expiry date of the Agreement is 4 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507308 PR717242>
Annexure A

CaseChat Overview and Summary

The case involves an application by Prime Security International Pty Ltd, trading as PSI Security, seeking approval of an agreement it had entered into with a trade union. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for approval under the Fair Work (Registered Organisations) Act 2009.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the requirements of the Fair Work Act. Additionally, the Commission had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act and whether it contained appropriate provisions for the resolution of disputes between the employer and the union.

In making its determination, the Commission considered the evidence presented by both parties and examined the contents of the proposed agreement. It found that the agreement was a genuine enterprise agreement, made in good faith, and compliant with the Fair Work Act. The Commission also found that the agreement met the requirements of the Fair Work (Registered Organisations) Act and contained appropriate provisions for the resolution of disputes. The Commission concluded that the agreement should be approved as it met all the necessary legal criteria.

The Fair Work Commission approved the Prime Security International Agreement 2020-2024, finding that it was a genuine enterprise agreement, made in good faith, and compliant with the Fair Work Act. The Commission also found that the agreement met the requirements of the Fair Work (Registered Organisations) Act and contained appropriate provisions for the resolution of disputes.

Prime Security International Pty Ltd t/a PSI Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established