DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Response Security Pty Ltd T/A Rapid Response
(AG2019/579)

RAPID RESPONSE SECURITY ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER LEE	MELBOURNE, 26 JULY 2019

Application for approval of the Rapid Response Security Enterprise Agreement 2019

[1] An application has been made for approval of an enterprise agreement known as the Rapid Response Security Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rapid Response Security Pty Ltd T/A Rapid Response. The Agreement is a single enterprise agreement.

[2] The version of the Agreement which was lodged with the application contained the incorrect title at clause 1.1 and on the cover page. The title on the version of the Agreement which was lodged was Rapid Response Security and Rescom Security Enterprise Agreement 2019. Subsequent to this, the definitions of “Company” and “Agreement” at clause 1.2 of the Agreement also contained errors.The Applicant provided submissions to the effect that Rescom Pty Ltd was sold prior to notification time for the Agreement, which was 30 January 2019. The ASIC extract provided confirms this. I am satisfied that no employees of Rescom Pty Ltd voted to approve the Agreement.

[3] On 24 July 2019, the Applicant filed amended pages of the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Employer 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2019. The nominal expiry date of the Agreement is 25 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rapid Response Security Pty Ltd, trading as Rapid Response, applied to the Fair Work Commission for approval of the Rapid Response Security Enterprise Agreement 2019. The applicant, an employer, and the respondents, trade unions, had reached an agreement which needed formal endorsement by the Commission. The dispute involved the terms of the proposed agreement, including wages, conditions of employment, and other provisions, which needed to comply with the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act, particularly sections concerning enterprise agreements, procedural fairness, and the need for the agreement to provide for the protection of employees. The Commission had to consider whether the agreement was made in good faith and if it contained the necessary provisions for minimum employment standards, dispute resolution, and procedural fairness.

The Commission found that the agreement was made in good faith and was procedurally fair. It contained all the necessary provisions for minimum employment standards and dispute resolution as required by the Fair Work Act. The Commission also determined that the agreement was beneficial for the employees and did not contain any discriminatory terms. As such, the Commission approved the proposed agreement.

The Fair Work Commission approved the Rapid Response Security Enterprise Agreement 2019, subject to the terms and conditions outlined in the decision. The agreement now legally binds the parties, providing a framework for employment conditions within the enterprise.

Rapid Response Security Pty Ltd T/A Rapid Response

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established