SPS Security Services Pty Ltd T/A SPS Security Services

[2015] FWCA 6706

[2015] FWCA 6706

FAIR WORK COMMISSION

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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