Secom Technical Services Pty Ltd As Trustee For The Secom Technical Services Unit Trust ABN 97 319 699 425 T/A Secom Technical Services

[2024] FWCA 465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Secom Technical Services Pty Ltd As Trustee For The Secom Technical Services Unit Trust ABN 97 319 699 425 T/A Secom Technical Services

(AG2024/101)

SECOM TECHNICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 2 FEBRUARY 2024

Application for approval of the Secom Technical Services Pty Ltd Single Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Secom Technical Services Pty Ltd Single Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Secom Technical Services Pty Ltd As Trustee For The Secom Technical Services Unit Trust ABN 97 319 699 425 T/A Secom Technical Services. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2024. The nominal expiry date of the Agreement is 2 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Secom Technical Services Pty Ltd, trading as Secom Technical Services, sought approval of a single enterprise agreement. The respondents, who are the employees covered by the agreement, did not object to the application. The nature of the dispute was the formal approval of the terms of the agreement, which would govern the employment conditions of the workers in the relevant industry or workplace.

The legal issues before the Commission were whether the agreement provided for the prescribed minimum entitlements, whether the agreement complied with procedural fairness, and whether the agreement should be approved. The Commission had to consider the terms of the agreement, the manner in which it was negotiated, and the extent to which the agreement met the requirements of the Fair Work Act.

After reviewing the application and submissions, the Commission found that the agreement provided for all of the prescribed minimum entitlements. The Commission also found that the agreement was negotiated in good faith and that there was no evidence of procedural unfairness. Accordingly, the Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the workers covered by the agreement.

The Commission made orders approving the agreement, which will now be registered with the Fair Work Commission. The agreement will apply to the workers covered by the agreement and will provide for their terms and conditions of employment. The respondents to the application did not object to the agreement, and the applicant has certified the agreement as a single enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established