DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Securitus Group Pty Ltd
(AG2021/97)

SECURITUS GROUP ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2021

Application for approval of the Securitus Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Securitus Group Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 16 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Securitus Group Pty Ltd recently brought an application to the Fair Work Commission for approval of the Securitus Group Enterprise Agreement 2020. The company sought to secure the terms of the agreement which it had negotiated with the Australian Manufacturing Workers Union as the representative of the employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for good faith bargaining.

The legal issues before the court were whether the agreement was made in good faith and whether it provided for terms and conditions that were fair and reasonable. The court was required to determine whether the agreement met the statutory requirements for minimum entitlements and whether it provided for appropriate mechanisms for dispute resolution. Additionally, the court needed to consider whether the agreement adequately protected the rights of employees and whether it was consistent with the objectives of the Fair Work Act.

In its decision, the Fair Work Commission found that the Securitus Group Enterprise Agreement 2020 was made in good faith and met the statutory requirements for minimum entitlements. The court held that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for dispute resolution mechanisms. The Commission noted that the agreement contained protections for employee rights and was consistent with the broader objectives of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was approved as a certified agreement.

Securitus Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established