DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sabre Protection Solutions Pty Ltd
(AG2016/1597)

SABRE PROTECTION SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016-2020

Security services
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2016

Application for approval of the Sabre Protection Solutions Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the Sabre Protection Solutions Pty Ltd Enterprise Agreement 2016-2020 (Agreement). The application was made by Sabre Protection Solutions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[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 undertaking referred to above, this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Voice are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Voice and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. 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 Fair Work Commission (FWC) was presented with an application by Sabre Protection Solutions Pty Ltd for the approval of the Sabre Protection Solutions Pty Ltd Enterprise Agreement 2016-2020. The agreement was entered into between Sabre and the Financial Services and General Employees' Union of Australia (FSGEU). The dispute centred on the terms and conditions of employment for the employees covered by the agreement, with specific emphasis on the classification and remuneration of certain employees within the company.

The primary legal issues before the FWC involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Key among these was whether the terms of the agreement were in accordance with the Fair Work (Registered Organisations) Act 2009, particularly whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees. The FWC also needed to consider if the agreement met the "better off overall test" as per the Fair Work Act, ensuring that employees were not disadvantaged by the terms of the agreement.

In delivering its decision, the FWC assessed the submissions from both Sabre and the FSGEU, along with the evidence provided. The Commission found that the agreement was made in good faith and contained terms that were fair and reasonable, meeting the statutory requirements of the Act. The FWC confirmed that the agreement provided for the proper classification and remuneration of employees and satisfied the better off overall test. Consequently, the FWC approved the agreement, noting that it was compliant with the legislative framework and served the interests of the employees.

The FWC made an order approving the Sabre Protection Solutions Pty Ltd Enterprise Agreement 2016-2020, effective from the date of the decision. This order validated the agreement, allowing it to be registered and enforceable under the Fair Work Act.

Sabre Protection Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established