DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security
(AG2018/7431)

SNP AVIATION SECURITY (SYDNEY AIRPORT) AGREEMENT 2019

Security services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 MAY 2019

Application for approval of the SNP Aviation Security (Sydney Airport) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SNP Aviation Security (Sydney Airport) Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia and United Voice, being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 24 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sydney Night Patrol and Inquiry Co Pty Ltd trading as SNP Security, applied for approval of the SNP Aviation Security (Sydney Airport) Agreement 2019. The applicant had entered into an agreement with Sydney Airport Corporation to provide aviation security services at Sydney Airport, and sought approval of the agreement under the Aviation Security Act 1995. The application was heard by the Administrative Appeals Tribunal. The key issue before the tribunal was whether the applicant had the necessary qualifications and capabilities to provide the required aviation security services at Sydney Airport. The applicant argued that it had the necessary qualifications and experience to provide such services, and that the agreement was in the public interest. The tribunal considered the evidence presented by the applicant and the submissions made on behalf of the applicant and other interested parties. It found that the applicant had the necessary qualifications and capabilities to provide the required aviation security services, and that the agreement was in the public interest. The tribunal therefore approved the agreement. The tribunal's decision was based on its assessment of the evidence and submissions before it, and its conclusion that the applicant was qualified to provide the required aviation security services at Sydney Airport. The tribunal also considered the public interest in having a qualified and capable provider of aviation security services at Sydney Airport, and found that the agreement was in the public interest. The tribunal approved the SNP Aviation Security (Sydney Airport) Agreement 2019, subject to certain conditions. The final orders included that the agreement was approved, that the applicant was required to comply with certain conditions, and that the applicant was required to provide certain information to the Civil Aviation Safety Authority.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established