DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protect Services Pty Ltd as trustee for the Protect Services Trust T/A Protect
(AG2017/6471)

PROTECT SERVICES ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER MCKINNON	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Protect Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Protect Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Protect Services Pty Ltd as trustee for the Protect Services Trust T/A Protect. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Protect Services Pty Ltd as trustee for the Protect Services Trust, trading as Protect, and the Maritime Union of Australia. The dispute centres on the application for the approval of the Protect Services Enterprise Agreement 2017. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the Enterprise Agreement met the formal requirements for approval under the Fair Work Act 2009 and if the agreement was made in good faith and contained the necessary minimum terms and conditions. The Commission had to assess if the agreement was fair and if it complied with the statutory provisions concerning enterprise agreements.

In reaching its decision, the Commission examined the evidence presented and the submissions made by the parties. It determined that the Enterprise Agreement was appropriately certified and met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and contained all the required minimum terms and conditions. Furthermore, the agreement was deemed to be fair and balanced, taking into account the interests of both the employer and the employees.

The Commission approved the application for the Enterprise Agreement. The approval was subject to certain conditions, including the provision of further information and clarification on specific terms of the agreement. The decision ensured that the agreement would be effective in governing the employment relationship between the employer and the employees covered by the agreement.

Protect Services Pty Ltd as trustee for the Protect Services Trust T/A Protect

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established