Security International Services Pty Ltd Summary

[2016] FWCA 2290

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Security International Services Pty Ltd T/A Security International Services

(AG2016/2604)

SECURITY INTERNATIONAL SERVICES [VICTORIA] EMPLOYEE

COLLECTIVE AGREEMENT 2009

Security services

SENIOR DEPUTY PRESIDENT WATSON

MELBOURNE, 12 APRIL 2016

Application for termination of the Security International Services [Victoria] Employee

Collective Agreement 2009.

[1] On 23 March 2016 Security International Services Pty Ltd T/A Security International

Services made an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009 (the TPCA Act) to terminate the

Security International Services [Victoria] Employee Collective Agreement 2009 (the

Agreement).

[2] The Agreement is a collective agreement-based transitional instrument which has

passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-

4 of the Fair Work Act 2009 (the Act) applies to applications to terminate collective

agreement-based transitional instruments that have passed their nominal expiry date. I am

satisfied that the Agreement is a collective agreement-based transitional instrument and its

nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the Act and based on the material that

is before me, I am satisfied that:

 it is not contrary to the public interest to terminate the Agreement; and
 it is appropriate to terminate the Agreement taking into account all the
circumstances.

[2016] FWCA 2290

[5] In accordance with s.227 of the Act, the termination will take effect from 12 April
2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Security International Services Pty Ltd applied to terminate the Security International Services [Victoria] Employee Collective Agreement 2009. The application was made under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, specifically Item 16, Schedule 3. The Agreement in question was a collective agreement-based transitional instrument that had surpassed its nominal expiry date. The application was made to Senior Deputy President Watson in the Fair Work Commission.

The legal issues before the court involved determining whether it was appropriate to terminate the Agreement, considering all circumstances, and whether such termination would be contrary to the public interest. The court was required to examine the material presented to ascertain these points. Under Section 226 of the Fair Work Act 2009, the court considered the public interest and the appropriateness of the termination based on the presented circumstances.

After reviewing the material, the court found that it was not contrary to the public interest to terminate the Agreement. Additionally, the court concluded that it was appropriate to terminate the Agreement, taking into account all the circumstances. The termination was deemed suitable as per the requirements of Section 226 of the Act. Pursuant to Section 227 of the Act, the termination was set to take effect from 12 April 2016.

Security International Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established