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

[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

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

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.

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

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission (AIRC) involved an application by Prodelv Pty Ltd, trading as AG Security Group, for the approval of the AG Security Group Technicians Enterprise Agreement 2023. The applicant sought to have the agreement registered with the Fair Work Commission (FWC), which would give it legal effect. The application was opposed by the Trustee for the O'Connell Family Trust, who argued that the agreement did not meet the requirements of the Fair Work Act 2009 (FW Act).

The central legal issue before the Commission was whether the terms and conditions set out in the proposed enterprise agreement were appropriate and complied with the requirements of the FW Act. This involved assessing whether the agreement was fairly and properly negotiated, and whether it met the criteria for being registered by the FWC. The Commission had to consider the fairness and appropriateness of the terms and conditions, including the wages, hours of work, and other employment-related matters outlined in the agreement.

In delivering its decision, the Commission carefully examined the evidence presented by both parties. It considered the nature of the enterprise, the bargaining process, and the specific terms and conditions of the proposed agreement. The Commission found that the agreement had been fairly and properly negotiated and that the terms and conditions were appropriate. The Commission noted that the agreement provided for a reasonable balance of interests between the employer and employees, and that it complied with the relevant provisions of the FW Act. Consequently, the Commission approved the application and ordered that the AG Security Group Technicians Enterprise Agreement 2023 be registered with the FWC.

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