Rapid Response Security Pty. Ltd. T/A Rapid Response Security

[2013] FWCA 7008

[2013] FWCA 7008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Response Security Pty. Ltd. T/A Rapid Response Security
(AG2013/7258)

RAPID RESPONSE SECURITY ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Rapid Response Security Enterprise Agreement 2013.

[1] Rapid Response Security Pty Ltd has made application for approval of a single enterprise agreement. The Agreement is entitled the Rapid Response Security Enterprise Agreement 2013.

[2] The application was considered in a hearing before the Commission. Prior to the hearing I provided details to the Applicant and the bargaining representative about various matters where further information and clarification was sought. Further clarification and some additional explanatory details were also provided by the Applicant’s representative subsequent to those proceedings.

[3] The Applicant also proposed that various written undertakings form part of the Agreement. Details were also provided to the bargaining representatives. Those undertakings concern –

• a correction to a reference to the Fair Work Act in the Agreement,



• a commitment that all wage rates in the Agreement will increase by an amount of 5% on 1 July each year during the life of the Agreement, instead of by the amounts determined each year in the annual Minimum Wage decision, as originally proposed,



• an amendment to the part-time work provisions so that the relevant provision now reads, “The arrangement of hours of work for part-time employees will be agreed in writing on commencement and implemented as follows:”



• a further amendment to the part - time work provisions so that subclause 4.1.2 (b) now reads “Any agreed variation to the hours of work for a part-time employee will be recorded in writing.”



• a commitment that ensures employees working in the classification of Security Manager will receive entitlements that are, at all times, better off overall than those provided for by the Security Services Industry Award 2010.

[4] I am satisfied that these undertakings appropriately deal with any issues to do with whether the Agreement meets the statutory requirements. I am also satisfied they do not cause financial detriment to any employee covered by the Agreement; nor do they result in substantial changes to the Agreement. The undertakings will be attached to and be taken to be a term of the Agreement, a copy is also annexed to this decision.

[5] I am otherwise satisfied each of the requirements of ss. 186, 187, 188 and 190 of the Act as are relevant to this application has been met.

[6] The Agreement is approved and in accordance with s. 54 of the Act will operate from 23 September 2013. The nominal expiry date of the Agreement is 22 September 2017.

Annexure 1:

Printed by authority of the Commonwealth Government Printer

<Price code G, AE404069  PR541829>