Protective Services 1 Pty Ltd

[2014] FWCA 5438

[2014] FWCA 5438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Protective Services 1 Pty Ltd
(AG2014/1142)

PROTECTIVE SERVICES 1 PTY LTD (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT MAY 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2014

Application for approval of the Protective Services 1 Pty Ltd (Casual Employees) Enterprise Agreement May 2014.

[1] An application has been made for approval of an enterprise agreement known as the Protective Services 1 Pty Ltd (Casual Employees) Enterprise Agreement May 2014 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Protective Services 1 Pty Ltd. It is a single-enterprise agreement.

[2] On reviewing the application further clarification was sought from the Applicant about a range of issues. Firstly, the proposed Agreement covers casual employees only and provides a rate which is payable for all hours worked. However, it does not contain a span of hours. The Applicant subsequently provided an undertaking in response to this issue which provides for a span of hours and an additional penalty amount for work carried out outside of that span. It also provides for a minimum and maximum number of daily hours.

[3] The second issue concerned the classification in the proposed Agreement variously described as “unlicensed attendant” or “event staff”. This classification is not provided for in the underlying Security Services Industry Award 2010, and it was not clear from the application how it was intended to be considered in regard to the application of the “better off overall” test. There were also provisions for junior rates associated with this classification which, again, are not provided for in the Security Services Industry Award 2010.

[4] The Applicant subsequently provided further clarification about the nature of this classification and the work involved. This suggested it would be covered by the Amusement, Events and Recreation Award 2010. The hourly rate contained in the proposed Agreement for that classification is in excess of that provided for in that Award, however, it contains a different junior rates structure from that contained in the proposed Agreement. The Applicant subsequently indicated it would provide a further undertaking that the junior rates structure set out in the proposed Agreement would be replaced by one that reflects that contained in the Amusement, Events and Recreation Award 2010.

[5] Finally, the Applicant indicated it was prepared to provide a further undertaking clarifying the intent of clause 15 “Disputes Settlement Procedure” in the proposed Agreement.

[6] I am prepared to accept the undertakings that have been provided by the Applicant. They will now form part of the Agreement and a copy is attached to this decision.

[7] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190, as are relevant to this application, have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2014. The nominal expiry date of the Agreement is 18 May 2018.

COMMISSIONER

Attachment A:

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