DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Security Concepts Services Pty Ltd T/A Security Concepts Services
(AG2021/145)

SECURITY CONCEPTS ENTERPRISE AGREEMENT 2020

Security services
COMMISSIONER YILMAZ	MELBOURNE, 16 MARCH 2021

Application for approval of the SECURITY CONCEPTS ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement known as the SECURITY CONCEPTS ENTERPRISE AGREEMENT 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Security Concepts Services Pty Ltd T/A Security Concepts Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 15 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Security Concepts Services Pty Ltd trading as Security Concepts Services, sought approval of the Security Concepts Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which the applicant sought to implement across its operations. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under section 232 of the Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to consider whether the agreement appropriately addressed the interests of the employees and complied with any relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement generally provided for fair and reasonable terms and conditions for the employees. It was satisfied that the agreement had been negotiated in good faith and that it appropriately balanced the interests of both the employer and the employees. The Commission took into account various factors, including the nature of the work, the industry standards, and the economic context. It also noted that the agreement contained provisions for dispute resolution, which were considered adequate. Consequently, the Commission approved the Security Concepts Enterprise Agreement 2020, finding it to be compliant with the relevant legislative provisions.

The Fair Work Commission approved the Security Concepts Enterprise Agreement 2020, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the employees covered by the agreement. The applicant is now able to implement the agreement across its operations, subject to the terms and conditions set out in the approved agreement.

Security Concepts Services Pty Ltd T/A Security Concepts Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established