DECISION

Fair Work Act 2009
s.185—Enterprise Agreement

SPS Security Services Pty Ltd T/A SPS Security Services
(AG2015/965)

SPS SECURITY SERVICES ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the SPS Security Services Enterprise Agreement 2014.

[1] This decision deals with an application for approval of an enterprise agreement known as the SPS Security Services Enterprise Agreement 2014 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SPS Security Services Pty Ltd T/A SPS Security Services. It is a single-enterprise agreement.

[2] The Employer’s Statutory Declaration provided with the application indicates the proposed Agreement is primarily intended to cover employees engaged on a casual basis. It also identifies the terms and conditions in the proposed Agreement that are more beneficial than those contained in the underlying Security Services Industry Award 2010, as well as those that are less beneficial.

[3] It is also noted that the proposed Agreement provides for wage increases of 2.5% to be applied to the loaded rates in the Agreement from 1 July each year. Given that the existing application was filed prior to 1 July this year it follows that the rates set out in the Agreement are to be increased by 2.5% with application from 1 July 2015, and then similarly on 1 July each year thereafter.

[4] The proposed Agreement also provides for loaded rates of pay for different work cycles, which are inclusive of the annual leave loading entitlement, the various allowances provided for in the Award, as well as the penalty rates that apply in the Award for work in the evening and at weekends. Those rates are generally between 2% and 14% higher than the base rates contained in the Award. Overtime entitlements also apply on the basis of time and a half for the first two hours worked and then double time.

[5] Based on various examples that have been considered in the circumstances of this particular application I am satisfied that employees to be covered by the proposed Agreement could work a range of hours on rotating and non-rotating rosters in a manner that satisfies the requirements of the better off overall test.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 20 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

SPS Security Services Pty Ltd T/A SPS Security Services, an employer, applied to the Fair Work Commission for the approval of the SPS Security Services Enterprise Agreement 2014. The application was contested by the Australian Services Union (ASU), a trade union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and whether it complied with the provisions of the Act.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009 to the agreement. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, if it was made in good faith and without coercion, and if it contained the minimum terms and conditions as required by the Act. The court also had to consider if the agreement was consistent with the overarching public policy objectives of the Act, which include promoting high levels of employment and avoiding industrial disputes.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, as it was made in good faith and without coercion. The Commission also determined that the agreement contained the minimum terms and conditions required by the Act, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement was consistent with the public policy objectives of the Act, as it promoted harmonious, productive, and cooperative employer-employee relations. Consequently, the Commission approved the SPS Security Services Enterprise Agreement 2014.

The Fair Work Commission approved the SPS Security Services Enterprise Agreement 2014, finding it to be a genuine enterprise agreement that met the requirements of the Fair Work Act 2009. The Commission's decision confirmed the validity and enforceability of the agreement, providing certainty for both the employer and the employees covered by the agreement. The approval of the agreement will facilitate the implementation of its terms and conditions, contributing to the promotion of harmonious and productive workplace relations.

SPS Security Services Pty Ltd T/A SPS 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