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

Prodelv Pty Ltd, trading as AG Security Group, applied for approval of a collective agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the respondent being the Professional Security Officers Union of Australia. The dispute centred around the terms and conditions of employment for security officers under the proposed collective agreement. The union contested certain provisions, arguing they did not meet the requirements for an enterprise agreement under the Act.

The legal issues before the Commission involved whether the proposed agreement contained all the necessary provisions as required by section 228 of the Act and whether the agreement met the good faith bargaining test. The Commission had to determine if the agreement was made in good faith and if it included all mandatory terms and conditions as outlined in the Act. The union's challenge was that the agreement did not adequately address overtime and penalty rates for certain shifts, which were critical for the security officers.

The Fair Work Commission found that the proposed agreement contained all the necessary provisions and was made in good faith. The Commission determined that the agreement met the statutory requirements, including the mandatory terms and conditions. The union's concerns about overtime and penalty rates were addressed through specific clauses in the agreement, which the Commission found to be reasonable and fair. The Commission approved the application for the collective agreement to be registered.

The Fair Work Commission approved the AG Security Group Employee Collective Agreement 2024, recognising its compliance with the Fair Work Act 2009. The agreement was registered, allowing it to be enforced as a legally binding contract between Prodelv Pty Ltd and the Professional Security Officers Union of Australia. The union's objections were dismissed, and the Commission highlighted the importance of good faith bargaining in the process.