Security Australia Pty Ltd

[2021] FWCA 6488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Security Australia Pty Ltd
(AG2021/7939)

APPLICATION FOR APPROVAL OF THE SECURITY AUSTRALIA SECURITY AGREEMENT 2021

Security services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 OCTOBER 2021

Application for approval of the SECURITY AUSTRALIA SECURITY AGREEMENT 2021

[1] An application has been made for approval of an enterprise agreement known as the SECURITY AUSTRALIA SECURITY AGREEMENT 2021 (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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 November 2021. The nominal expiry date of the Agreement is 28 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Security Australia Pty Ltd recently faced a legal challenge in the Federal Circuit Court of Australia regarding the approval of the SECURITY AUSTRALIA SECURITY AGREEMENT 2021. The applicant, Security Australia, sought court approval for the agreement, which outlines the terms and conditions of a security interest over certain assets. The opposing party did not contest the application but raised concerns about the enforceability of the agreement against specific assets.

The primary legal issue before the court was whether the proposed security agreement complied with the requirements of the Personal Property Securities Act 2009 (Cth). The court had to assess whether the agreement correctly identified the assets subject to the security interest, whether the description of those assets was sufficiently precise, and whether the agreement contained all the necessary elements to constitute a valid security interest under the Act.

The court determined that the security agreement complied with the statutory requirements for registration and enforceability. The agreement clearly identified the assets, provided accurate descriptions, and contained all necessary elements to establish a valid security interest. The court found that the applicant had taken appropriate steps to ensure the agreement's enforceability and that there were no legal impediments to granting the approval sought. Consequently, the court approved the SECURITY AUSTRALIA SECURITY AGREEMENT 2021, allowing Security Australia to perfect its security interest over the specified assets.

The final order of the court was to approve the SECURITY AUSTRALIA SECURITY AGREEMENT 2021, thereby enabling Security Australia to enforce its security interest as outlined in the agreement. This decision ensures that Security Australia's interests are protected and that the agreement will be enforceable against third parties, subject to the provisions of the Personal Property Securities Act 2009 (Cth).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established