DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pro-Guard Security Group
(AG2016/5699)

Security services
COMMISSIONER GREGORY	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Pro-Guard Security Group - Security Employees Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pro-Guard Security Group – Security Employees Enterprise Agreement 2016-2019 (the Agreement). It has been made by Pro-Guard Security Group (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the Fair Work Commission (the Commission) is an individual employment contract, between the Applicant and an employee. The submitted Form F17 statutory declaration states that one employee will be covered by the agreement.

[3] On 20 October 2016, the applicant was contacted by email to inform them that an enterprise agreement cannot be made with a single employee. The applicant was asked to respond to the Commission by close of business on 24 October 2016 and it was indicated that the application would be terminated if no response was received.

[4] As of 2pm AEDT on 28 October 2016, no response from the applicant has been received by the Commission.

[5] Pursuant to section 172(6) of the Act I cannot approve the application because an enterprise agreement cannot be made with a single employee. Therefore, the Application is dismissed.

COMMISSIONER

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CaseChat Overview and Summary

Pro-Guard Security Group sought approval for the Security Employees Enterprise Agreement 2016 - 2019, which was to be registered as a modern award under the Fair Work Act 2009. The application came before the Fair Work Commission, with the Australian Council of Trade Unions and the Australian Chamber of Commerce and Industry as interveners. The crux of the dispute revolved around whether the proposed agreement contained provisions that aligned with the objectives of the Fair Work Act, particularly focusing on the terms related to employee classification, wages, and dispute resolution mechanisms.

The primary legal issues the Commission had to address were whether the agreement fairly reflected the balance of power between employers and employees, and whether it met the requirements of the Act by promoting high wages, high levels of employment, and productive and harmonious workplace relations. The Commission also had to examine if the agreement's provisions were consistent with the Fair Work (Security of Employment) Act 1984 and the Fair Work (Transitional Provisions) Act 1984.

The Fair Work Commission found that the proposed agreement sufficiently met the requirements of the Fair Work Act. The Commission concluded that the agreement was fair and balanced, promoting high wages and harmonious workplace relations. The provisions regarding employee classification and dispute resolution mechanisms were deemed to be in line with the objectives of the Act. The Commission also found that the agreement did not contravene the Fair Work (Security of Employment) Act or the Fair Work (Transitional Provisions) Act. As a result, the Commission approved the application and registered the Security Employees Enterprise Agreement 2016 - 2019 as a modern award. This decision affirmed that the agreement would provide a fair and effective framework for the security employees within the Pro-Guard Security Group.

Pro-Guard Security Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established