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

[2024] FWCA 843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/196)

AG SECURITY GROUP EMPLOYEE COLLECTIVE AGREEMENT 2024

Security services
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2024

Application for approval of the AG Security Group Employee Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the AG Security Group Employee Collective Agreement 2024 (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. The Agreement is a single enterprise agreement.

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.

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.

The United Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Prodelv Pty Ltd, the trustee for the O'Connell Family Trust trading as AG Security Group, applied to the Fair Work Commission for the approval of the AG Security Group Employee Collective Agreement 2024. The application was made under the Fair Work Act 2009, seeking to formalise the terms and conditions of employment for its employees as per the proposed agreement. The dispute centred around the procedural and substantive validity of the agreement, with particular emphasis on whether it complied with the statutory requirements for approval.

The primary legal issue before the commission was whether the agreement met the criteria for registration as a lawful and fair workplace instrument. This involved scrutinising the negotiation process, the agreement's content, and its compliance with the Fair Work Act. The commission needed to determine if the agreement had been made in good faith, if it was free from improper influence or interference, and if it adhered to the principles of genuine collective bargaining. Additionally, the commission had to assess whether the agreement provided fair and reasonable terms and conditions of employment.

In delivering its decision, the commission examined the evidence provided by Prodelv Pty Ltd regarding the negotiation process and the content of the agreement. It found that the agreement was negotiated in good faith and did not exhibit any signs of improper influence or interference. The commission also confirmed that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the statutory requirements for approval. Consequently, the commission approved the AG Security Group Employee Collective Agreement 2024, finding it to be a lawful and fair workplace instrument. The decision was based on the evidence that the agreement met all necessary criteria and provided for fair and reasonable terms and conditions of employment for the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established