SecureMetro Pty Ltd

[2013] FWCA 5108

FAIR WORK COMMISSION

DECISION

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

SecureMetro Pty Ltd
(AG2013/7663)

SECUREMETRO EMPLOYEE COLLECTIVE AGREEMENT 2013

Security services
COMMISSIONER CARGILL	SYDNEY, 31 JULY 2013

Application for approval of the SECUREmetro Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SECUREmetro Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SecureMetro Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the calculation of annual salary in clause 31.5 of the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 August 2013. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

SecureMetro Pty Ltd sought approval of the SECUREmetro Employee Collective Agreement 2013 before the Fair Work Commission. The application arose from negotiations between the company and the employees' union, which resulted in a proposed agreement that needed to be certified as a registered agreement under the Fair Work Act 2009. The dispute involved whether the agreement met the legal criteria for approval, including whether it provided for a safety net of minimum terms and conditions of employment, and whether it was in the best interests of the employees.

The Fair Work Commission examined the proposed agreement's provisions and considered submissions from both SecureMetro and the union. The court assessed whether the agreement provided for a safety net of minimum terms and conditions, including wages and other employment conditions, and whether it offered benefits that were at least as good as, or better than, the applicable awards or registered agreements. The Commission also evaluated whether the agreement was in the best interests of the employees, taking into account the views of the majority of the employees and any other relevant factors.

The Fair Work Commission approved the proposed agreement, finding that it provided for a safety net of minimum terms and conditions and was in the best interests of the employees. The Commission noted that the agreement contained provisions for wages, leave, and other employment conditions that met or exceeded the applicable awards or registered agreements. The Commission also considered the views of the majority of the employees, which supported the agreement, and concluded that it was in their best interests. The court's decision was based on a thorough analysis of the agreement's provisions and the relevant legal criteria for approval.

The Fair Work Commission certified the SECUREmetro Employee Collective Agreement 2013 as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The approval of the agreement provided legal certainty for both SecureMetro and its employees, ensuring that the terms and conditions of employment were governed by the agreement rather than the applicable awards or registered agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established