DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Site Services Holdings Pty Ltd ATF Site Security Services Trust T/A Site Security Services
(AG2015/3604)

SITE SECURITY SERVICES ENTERPRISE AGREEMENT 2015

Security services
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 24 JUNE 2015

Application for approval of the Site Security Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Site Security Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Site Services Holdings Pty Ltd ATF Site Security Services Trust T/A Site Security Services. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 June 2015 and, in accordance with s.54, will operate from 1 July 2015. The nominal expiry date of the Agreement is 24 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Site Services Holdings Pty Ltd ATF Site Security Services Trust trading as Site Security Services, the matter was before the Fair Work Commission (FWC) regarding the application for the approval of the Site Security Services Enterprise Agreement 2015. The applicant, Site Services Holdings, sought approval of the agreement which was intended to govern the employment terms and conditions of its employees. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for approval and registration by the Commission.

The central legal issues the FWC was required to determine were whether the agreement was a single, indivisible document, and if it complied with the procedural and substantive requirements for approval under the Fair Work Act. Specifically, the Commission needed to ascertain whether the agreement had been made in good faith, was free from coercion, and adequately covered the employees it purported to represent. Additionally, the FWC assessed whether the agreement included all the mandatory terms prescribed by the Act and was consistent with the objectives of the Act.

The FWC concluded that the agreement was a single, indivisible document, and it was made in good faith, free from coercion, and adequately represented the employees it covered. The Commission found that the agreement complied with all procedural and substantive requirements for approval. It included all the mandatory terms prescribed by the Act and aligned with its objectives. Therefore, the FWC approved the Site Security Services Enterprise Agreement 2015.

The final orders of the FWC were that the Site Security Services Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the approval decision, ensuring the terms and conditions of employment for the employees of Site Services Holdings were legally binding and enforceable.

Site Services Holdings Pty Ltd ATF Site Security Services Trust T/A Site Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established