Security Force 1 Pty Ltd

[2015] FWCA 8100

[2015] FWCA 8100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Security Force 1 Pty Ltd
(AG2015/3438)

SECURITY FORCE 1 ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Security Force 1 Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Security Force 1 Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Security Force 1 Pty Ltd. The Agreement is a single-enterprise Agreement.

[2] The Commission has reviewed the application and the terms and conditions contained in the proposed Agreement. It is noted in response that the Agreement contains what are described as work pattern rates with five different wage rates prescribed at each classification level depending upon the roster being worked by the employee. These arrangements commit the employer to structure the rosters based on the work pattern definitions contained in sub clause 3.2.1 of the proposed Agreement.

[3] It is also noted that the Agreement only provides for a casual loading of 24%, whereas the underlying Security Services Industry Award 2010 provides for a casual loading of 25%. However, the loading is to be applied to the higher rates contained in the Agreement rather than the rates contained in the underlying Award.

[4] Section 186(3) of the Act also provides that in considering any application for approval of an enterprise agreement the Commission must be satisfied that the group of employees to be covered by the Agreement are “fairly chosen.” If the proposed Agreement does not cover all of the employees of the employer then the Commission must determine whether this requirement has been satisfied. In this context the Commission sought further information about the employees to be covered by the proposed Agreement, and whether the business employs any other employees involved in the provision of security services who are not intended to be covered by the Agreement.

[5] The Applicant’s representative advised in response that the business currently has 42 employees involved in the provision of security and related services, with 40 of those employees located in New South Wales and 2 in Queensland. It was also indicated that the business sub contracts services to other security companies, and these employees are not directly engaged by the Applicant and would not be covered by the proposed Agreement.

[6] It was also indicated that the main security services currently provided are security officer services in the form of mobile patrols, however, the business was also active in seeking to tender for other forms of security servicing, and employees could also be engaged under the terms of the Agreement to perform this work at some time in the future.

[7] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 24 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE416786  PR574317>