DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Securcom (Qld) Pty Ltd T/A Securcom Queensland
(AG2018/1211)

SECURCOM (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2018

Application for approval of the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Securcom (Qld) Pty Ltd T/A Securcom Queensland. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 July 2018 and, in accordance with s.54, will operate from 1 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Securcom (Qld) Pty Ltd, trading as Securcom Queensland, sought approval of the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve or reject enterprise agreements. The dispute arose over whether the agreement met the statutory requirements for approval, particularly in relation to the definition of 'employee' and the provision of minimum wages and conditions.

The central legal issue was whether the agreement's definition of 'employee' accurately reflected the intended scope of the agreement, and if the agreement provided for the minimum entitlements required by law. The employer argued that the agreement was fair and met all legal requirements, while the employee representative contended that certain provisions were inadequate and did not provide for the minimum standards set out in the National Employment Standards.

The Commission found that the definition of 'employee' in the agreement was sufficiently broad to cover all relevant workers, and that the agreement provided for all minimum entitlements as required by law. The Commission was satisfied that the agreement had been made in good faith and that the process of making the agreement met the procedural fairness requirements. The Commission approved the agreement, finding it to be a safety net compliant enterprise agreement.

The Fair Work Commission approved the Securcom (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The approval took effect from the date of the decision, and the agreement is now registered and enforceable under the Fair Work Act.

Securcom (Qld) Pty Ltd T/A Securcom Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established