Secom Australia Pty Ltd

[2014] FWCA 9388

[2014] FWCA 9388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Secom Australia Pty Ltd
(AG2014/7612)

SECOM SECURITY AUSTRALIA - EMPLOYEE ENTERPRISE AGREEMENT 2014 - 2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Secom Security Australia - Employee Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Secom Security Australia - Employee Enterprise Agreement 2014-2017 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by Secom Australia Pty Ltd. It is a single-enterprise Agreement.

[2] On 16 December 2014 the Commission handed down a decision dealing with objections that had been raised to the application by United Voice, a bargaining representative for the Agreement. That decision concluded by proposing that the Applicant consider providing certain additional undertakings. The terms of those proposed undertakings were set out in the decision. The Applicant was also asked to confirm within 7 days of the date of the decision whether the undertakings would be provided.

[3] The decision also indicated that if those undertakings were provided the Commission would give further consideration to approval of the Agreement. In addition, and in accordance with the requirements of the Act, it was indicated that as part of this process any views provided by the bargaining representative about the terms of those proposed undertakings would be considered before any decision was made about whether the undertakings be accepted.

[4] On 18 December the Applicant provided the undertakings in similar terms to those proposed by the Commission. On the same day correspondence was received from United Voice “... regarding the proposed agreement and the undertakings suggested by yourself at paragraph [50] of the decision.” The letter continued to indicate “United Voice does not believe the undertakings can remedy the agreement’s deficiencies.” It also highlighted issues to do with casual employment and the entitlements that exist to overtime under the Security Services Industry Award 2010.

[5] The Commission has had regard to the views provided by United Voice. However, it also notes that under the terms of the proposed Agreement casual employees receive an additional loaded rate. Modelling also indicates that a casual employee can work in excess of 50 hours per week under the terms of the proposed Agreement and still remain better off under the Agreement than the Modern Award.

[6] The Commission is also satisfied the undertakings will not cause financial detriment to any employee to be covered by the Agreement, or result in substantial changes to it. The undertakings are therefore accepted. They are attached to this decision and in accordance with s.191(2) are now taken to be a term of the Agreement.

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

[8] United Voice, 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) it is noted that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Attachment A:

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