Security Monitoring Centres Australia Pty Ltd

[2014] FWCA 2032

[2014] FWCA 2032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Security Monitoring Centres Australia Pty Ltd
(AG2014/54)

SECURITY MONITORING CENTRE AUSTRALIA PTY LTD - ENTERPRISE AGREEMENT 2013-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 28 MARCH 2014

Application for approval of the Security Monitoring Centre Australia Pty Ltd - Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Security Monitoring Centre Australia Pty Ltd - Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Security Monitoring Centres Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] After reviewing the proposed Agreement the Commission indicated to the Applicant it sought further clarification about three matters, in particular:

● the rates proposed for the L1 and L2 Central Station Officer classifications;

● the form of the proposed Consultation clause, and

● whether clause 5.9 Superannuation complied with the new clause 194(h) in the Fair Work Act.

[3] The application was subsequently listed for hearing on 20 March to deal with these matters.

[4] Prior to the hearing the Commission received a detailed written response from the Applicant. It contained further calculations regarding the relevant classifications. It also confirmed the relevant superannuation fund, being the UTC Building and Industrial Services Superannuation Fund, is a default fund which offers a MySuper product. The Commission has also been provided with an undertaking indicating the consultation clause contained in the Full Bench decision handed down on 23 December 2013 ([2013] FWCFB 10165) will form part of the Agreement.

[5] These matters were confirmed by the Applicant in the hearing on 20 March. Five bargaining representatives also participated in those proceedings. Mr Simon Ong also appeared on behalf of United Voice. Mr Ong indicated he had not had the opportunity to read the additional submission provided by the Applicant, however, he had no objection to the terms of the proposed Agreement. It was subsequently agreed Mr Ong could have until close of business on the following day to read the submission provided by the Applicant and make any comments in response. No further submissions have been received from Mr Ong.

[6] I have accepted the undertakings attached to this decision which have been given by the Applicant. I have attached the undertakings and the model consultation clause to the Agreement.

[7] I am also satisfied each of the requirements of ss.186, 187, 188, and s.190 as are relevant to this application have been met.

[8] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act it wants the Agreement to cover it. In accordance with s.201(2) I note the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2014. The nominal expiry date of the Agreement is 1 November 2017.

COMMISSIONER

Attachment A:

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