Prosec Corporate Services Pty Ltd T/A Prosec Services
[2010] FWA 1449
•23 FEBRUARY 2010
[2010] FWA 1449 |
|
DECISION |
Fair Work Act 2009
s.185—Approval of enterprise agreement
(AG2009/22573)
PROSEC CORPORATE SERVICES – ENTERPRISE AGREEMENT 2009
Security services | |
DEPUTY PRESIDENT IVES | MELBOURNE, 23 FEBRUARY 2010 |
Application for approval of the Prosec Corporate Services - Enterprise Agreement 2009.
[1] An application has been made for approval of an enterprise agreement known as the Prosec Corporate Services - Enterprise Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prosec Corporate Services Pty Ltd T/A Prosec Services. The Agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] The employer declared that the Agreement was made on 18 December 2009.
[4] A consideration of the application in the light of the No Disadvantage Test, as required by ss.186(2)(d) of the Act as modified by Schedule 7 of the Transitional Act, leads me to conclude that the Agreement does not pass the No Disadvantage Test for the reason that increases to wage rates payable under the relevant Award, are insufficient to compensate for significantly reduced entitlements when compared to the relevant Award including removal/reduction of penalty rates, removal of allowances and loadings.
[5] The application for approval is refused.
DEPUTY PRESIDENT
1 Item 2, Part 1, of Schedule 2.
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