Southern Cross Group Services

[2013] FWCA 962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Cross Group Services
(AG2013/4777)

SOUTHERN CROSS GROUP SERVICES EMPLOYEE COLLECTIVE AGREEMENT 2013

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 FEBRUARY 2013

Application for approval of the Southern Cross Group Services Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Group Services Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate from 18 February 2013. The nominal expiry date of the Agreement is 17 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Group Services applied to the Fair Work Commission for the approval of the Southern Cross Group Services Employee Collective Agreement 2013. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement met the requirements of the Act and if it provided for the fair and equitable treatment of employees.

The Commission considered several legal issues, including whether the agreement provided for a safety net of minimum entitlements, whether it provided for the appropriate balance between the parties' bargaining power, and whether it included provisions for dispute resolution. The Commission also examined whether the agreement provided for the fair and equitable treatment of employees, including whether it provided for reasonable notice of termination and redundancy.

The Commission found that the agreement met the requirements of the Act and provided for the fair and equitable treatment of employees. The agreement provided for a safety net of minimum entitlements, provided for the appropriate balance between the parties' bargaining power, and included provisions for dispute resolution. The agreement also provided for reasonable notice of termination and redundancy, as well as other provisions that were fair and reasonable. The Commission approved the agreement, subject to certain minor modifications.

The Commission's final orders were that the Southern Cross Group Services Employee Collective Agreement 2013 be approved, subject to the modifications set out in the decision. The modifications related to the calculation of penalty rates and the provision of additional information to employees. The agreement was approved as a registered agreement, effective from 1 July 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established