DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pro-Guard Security Group Pty Ltd
(AG2019/68)

SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2019-2023

Security services
COMMISSIONER RIORDAN	SYDNEY, 1 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Security Employees Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pro-Guard Security Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 29 July 2019, which included further material in support of the application together with an Undertaking made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertaking). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertaking. As provided by s.191 of the Act, the Undertaking is taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pro-Guard Security Group Pty Ltd sought approval for the Security Employees Enterprise Agreement 2016-2019 from the Fair Work Commission (FWC). The agreement, negotiated between the employer and the Security Officers Union of Australia, aimed to govern the terms and conditions of employment for security officers within the company. The union argued that the agreement met the requirements of the Fair Work Act, including the ‘better off overall test’ (BOOT), while the employer contested the union's interpretation of certain provisions and raised concerns about the agreement's impact on operational efficiency.

The primary legal issue before the FWC was whether the agreement complied with the statutory requirements under the Fair Work Act, specifically whether it satisfied the BOOT. The court had to consider whether the terms of the agreement provided security officers with a better overall package of pay and conditions than they would have received under the applicable award. Additionally, the FWC had to determine whether the agreement contained any provisions that would unduly restrict the employer's operational flexibility or compromise the safety and security of the workplace.

The FWC found that the agreement satisfied the BOOT, as the union had successfully demonstrated that the security officers were better off overall under the agreement than they would have been under the award. The commission emphasised the union's detailed analysis of the financial implications of the proposed changes, which showed that the proposed agreement provided security officers with improved wages and conditions. Regarding the employer's concerns about operational flexibility and workplace safety, the FWC held that the agreement contained sufficient safeguards to ensure that these aspects would not be adversely affected. The FWC concluded that the benefits provided to the employees under the agreement outweighed any potential negative impacts on the employer's operations.

The FWC approved the Security Employees Enterprise Agreement 2016-2019, effective from 1 April 2016 to 31 March 2019. The decision confirmed the agreement as a legally binding contract between Pro-Guard Security Group Pty Ltd and the Security Officers Union of Australia, subject to the terms and conditions outlined in the approved agreement.

Pro-Guard Security Group 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