Site Services Enterprises Pty Ltd T/A Site Services Enterprises Pty Ltd As The Trustee For The Ssh Group Safety Trust

[2023] FWCA 1177

[2023] FWCA 1177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Site Services Enterprises Pty Ltd T/A Site Services Enterprises Pty Ltd As The Trustee For The Ssh Group Safety Trust

(AG2023/946)

SITE SERVICES ENTERPRISES PTY LTD AS THE TRUSTEE FOR THE SSH GROUP SAFETY TRUST SECURITY ENTERPRISE AGREEMENT 2023

Security services
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 MAY 2023

Application for approval of the Site Services Enterprises Pty Ltd as the Trustee for the SSH Group Safety Trust Security Enterprise Agreement 2023

1. Site Services Enterprises Pty Ltd T/A Site Services Enterprises Pty Ltd As The Trustee For The Ssh Group Safety Trust (the Applicant) has made an application for the approval of an enterprise agreement known as the Site Services Enterprises Pty Ltd as the Trustee for the SSH Group Safety Trust Security Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The Applicant did not provide seven clear days between notification of the vote and the commencement of the vote as required by s 180(3) of the Act. Having considered the Applicant’s comprehensive response to this issue, I am satisfied that the employees were not disadvantaged and had sufficient opportunity to cast a vote as evidenced by the fact that all eligible employees cast votes. I am further satisfied, having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd,[1] that the abovementioned error constituted a minor technical or procedural error for the purposes of s 188(2)(a) of the Act, and that the employees were not likely to have been disadvantaged by the error.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement was approved on 3 May 2023 and, in accordance with s 54, will operate from 10 May 2023.  The nominal expiry date of the Agreement is 3 May 2027.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

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