Prodelv Pty Ltd The Trustee for the O'Connell Family Trust T/A AG Security Group

[2025] FWCA 144

[2025] FWCA 144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Prodelv Pty Ltd The Trustee for the O’Connell Family Trust T/A AG Security Group

(AG2024/5089)

AG SECURITY GROUP TECHNICIANS ENTERPRISE AGREEMENT 2023

Security services
COMMISSIONER REDFORD	MELBOURNE, 15 JANUARY 2025

Application for approval of the AG Security Group Technicians Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the AG Security Group Technicians Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Prodelv Pty Ltd The Trustee for the O’Connell Family Trust T/A AG Security Group (Prodelv). The Agreement is a single enterprise agreement. 

Undertakings 

1. In response to several issues raised with Prodelv in relation to its application, it has provided written undertakings, a copy of which are 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.  

1. The undertakings relate to:   

a.   Casual employees’ minimum engagement

b.   Part time employees’ ordinary hours and overtime

c.   Saturday rates of pay

Workplace Delegates Rights

1. Section 205A of the Act requires that an enterprise agreement include a delegates’ rights term for workplace delegates to whom the agreement applies.

2. As the agreement does not contain such a clause, cl 26A of the Electrical, Electronic and Communications Contracting Award 2020 applies as a term of the agreement (in accordance with s 205A(2)(b) of the Act).

Consideration 

1. 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. 

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate 7 days after approval.

COMMISSIONER

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ANNEXURE A