DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Slick Security Pty Ltd
(AG2016/4850)

SLICK SECURITY PTY LTD - SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Security services
DEPUTY PRESIDENT DEAN	SYDNEY, 22 AUGUST 2016

Application for approval of the Slick Security Pty Ltd - Security Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Slick Security Pty Ltd - Security Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Slick Security Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 21 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Slick Security Pty Ltd applied to the Fair Work Commission for the approval of the Security Employees Enterprise Agreement 2016-2020. The applicants, Slick Security, were seeking to have the agreement, which they had entered into with their employees, registered and made enforceable. The dispute arose due to concerns from the Australian Building and Construction Commission regarding the terms of the agreement, particularly those related to the classification and remuneration of employees.

The legal issues the court needed to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including the need to ensure it provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test" which required the employees to be no worse off financially overall compared to their previous conditions. The court also had to consider if the agreement contained provisions that were contrary to public policy or that failed to comply with minimum standards set out in the Fair Work Act.

The court found that the agreement met all the statutory requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that they would be no worse off financially overall. The court also found that the agreement did not contain any provisions that were contrary to public policy or that failed to comply with minimum standards. Consequently, the court approved the agreement, making it enforceable under the Fair Work Act.

The final orders of the court were that the Security Employees Enterprise Agreement 2016-2020 be approved and registered, and that it be enforceable as of the date of the approval. This decision allowed the agreement to be implemented between Slick Security and their employees, providing a legally binding framework for their employment terms and conditions.

Slick Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established