Securcom (QLD) Pty Ltd Summary

[2013] FWCA 10086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Securcom (QLD) Pty Ltd
(AG2013/10325)

SECURCOM (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 DECEMBER 2013

Application for approval of the Securcom (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Securcom (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Securcom (QLD) Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Securcom (Qld) Pty Ltd and the Communications Electrical and Plumbing Union Electrical Division Queensland. The dispute arose when the union sought approval for the proposed agreement, which outlined the terms and conditions of employment for its members working for the company. The company contested the approval, arguing that certain provisions were unfair and not in line with the national workplace relations system.

The primary legal issues before the commission were whether the proposed agreement was fair and reasonable, in accordance with the Fair Work Act 2009. The commission had to consider whether the agreement contained provisions that were unfair to employees, whether the agreement provided for the protection of employees' interests, and whether the agreement complied with the national workplace relations system. The commission also needed to ensure that the agreement was free from any provisions that would undermine the operation of the national workplace relations system.

The commission found that the proposed agreement was fair and reasonable, and that it complied with the national workplace relations system. The commission noted that the agreement provided for the protection of employees' interests, including provisions for redundancy payments, notice of termination, and access to paid parental leave. The commission also found that the agreement did not contain any provisions that were unfair to employees, and that it did not undermine the operation of the national workplace relations system. The commission approved the agreement, subject to certain modifications to ensure that it complied with the national workplace relations system.

The commission's decision to approve the agreement subject to modifications is a significant outcome for both the company and the union. The approval of the agreement will provide certainty and stability for employees, and will ensure that the company can operate within the national workplace relations system. The modifications made to the agreement will ensure that it complies with the national workplace relations system, and will protect the interests of employees.

Securcom (QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established