Prosek Security Pty Ltd

[2019] FWCA 5450

[2019] FWCA 5450

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Prosek Security Pty Ltd
(AG2019/1949)

PROSEK SECURITY COLLECTIVE AGREEMENT 2009

Security Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 AUGUST 2019

Application for termination of the Prosek Security Collective Agreement 2009.

[1] On 10 June 2019, Prosek Security Pty Ltd (the Applicant) made an application to terminate the Prosek Security Collective Agreement 2009 (the Agreement) under Item 16 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act). The Applicant seeks to terminate the Agreement, the effect of which will be that the Security Services Industry Award 2010 (the Award) will apply.

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] I have considered each of the matters contained in s.226 of the Act, and I am satisfied that the Agreement should be terminated. In particular I have had regard to the fact that the Agreement was made in 2009 prior to the operation of the Award. I have also had regard to the fact that the Agreement terms are less favourable than those in the Award and that if the Agreement is terminated the Award will apply, to the benefit of employees.

[4] Correspondence was also received from Mr Simon Ong, Industrial Officer of United Voice stating that United Voice had members who are covered by the Agreement and confirming United Voice supported the termination of the Agreement.

[5] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

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