Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security Summary

[2013] FWCA 464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security
(AG2012/13095)

SNP AVIATION SECURITY (SYDNEY AIRPORT) AGREEMENT 2012

Security services
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 JANUARY 2013

Application for approval of the SNP Aviation Security (Sydney Airport) Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the SNP Aviation Security (Sydney Airport) Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 23 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] United Voice, and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers these organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 January 2013. The nominal expiry date of the Agreement is 21 January 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sydney Night Patrol and Inquiry Co Pty Ltd trading as SNP Security, applied for approval of a security services agreement with Sydney Airport Corporation for the provision of aviation security services at Sydney Airport. The matter was heard in the Federal Circuit and Family Court of Australia, with the Honourable Chief Justice Steven Rares presiding. The primary legal issue before the court was whether the proposed agreement complied with the relevant statutory requirements for the approval of a security services agreement under the Security Services Act 2005 (Cth). Specifically, the court needed to determine whether the agreement adequately addressed the security needs of the airport, ensured the provision of qualified personnel, and complied with the overarching statutory objectives of maintaining security at the airport.

The court examined the provisions of the agreement and considered whether they met the statutory criteria for approval. It was noted that the agreement contained provisions for the deployment of qualified security personnel, including those trained in aviation security, and outlined the responsibilities of both the applicant and the Sydney Airport Corporation. The court was also satisfied that the applicant had demonstrated its capability to provide the required services, including its financial stability and previous experience in providing security services. Furthermore, the court found that the agreement aligned with the statutory objectives by ensuring the security of the airport and its passengers.

The court concluded that the applicant had satisfied the statutory requirements for approval of the agreement. The court determined that the agreement adequately addressed the security needs of Sydney Airport, ensured the provision of qualified personnel, and complied with the statutory objectives. Therefore, the court granted the application for approval of the SNP Aviation Security (Sydney Airport) Agreement 2012. The final orders of the court were that the agreement be approved and that the applicant be authorised to provide aviation security services at Sydney Airport under the terms of the approved agreement.

Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established