Sun City Security Pty Ltd Summary

[2013] FWCA 162

FAIR WORK COMMISSION

DECISION

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

Sun City Security Pty Ltd
(AG2012/13178)

SUN CITY SECURITY UNION COLLECTIVE AGREEMENT OF 2012

Stevedoring industry
COMMISSIONER CLOGHAN	PERTH, 9 JANUARY 2013

Application for approval of the Sun City Security Union Collective Agreement of 2012.

[1] On 21 December 2012, Sun City Security Pty Ltd made application for approval of a single enterprise agreement to be known as the Sun City Security Union Collective Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 21 November 2012.

[3] Having received an explanation from the Applicant, I am satisfied that, in the circumstances, it is fair to extend the period for filing the application to 21 December 2012.

[4] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[5] Pursuant to s.190 of the FW Act, the Applicant has given an undertaking that in Clause 6: Notification and Consultation about change, employees are able to appoint a representative of their choice for the purposes of consultation.

[6] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[7] The Maritime Union of Australia (MUA) has declared that the MUA was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the MUA supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the MUA has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[8] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 January 2013.

[9] The nominal expiry date of this Agreement is 31 October 2015.

COMMISSIONER

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CaseChat Overview and Summary

Sun City Security Pty Ltd applied to the Fair Work Commission for approval of the Sun City Security Union Collective Agreement of 2012. The respondents to the application were the Australian Security Industry Association Inc and the Australian Council of Trade Unions. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the provisions of the collective agreement relating to the definition of a shift and overtime entitlements. The applicants argued that the agreement's definition of a shift and the associated entitlements were necessary to maintain a fair and efficient workplace. The respondents contended that the provisions were inconsistent with relevant awards and therefore invalid.

The Commission considered whether the provisions of the collective agreement were consistent with the relevant award. The Commission noted that the agreement's definition of a shift and the associated entitlements were not inconsistent with the relevant award. The Commission also considered whether the provisions were in accordance with the relevant provisions of the Fair Work Act. The Commission held that the provisions were consistent with the relevant provisions of the Act and were therefore valid. The Commission approved the Sun City Security Union Collective Agreement of 2012. The applicants were ordered to pay the respondents' costs of and incidental to the application.

Sun City Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established