Sydney Night Patrol & Inquiry Co Pty Ltd T/A Certis Security Australia
[2023] FWCA 464
•16 FEBRUARY 2023
| [2023] FWCA 464 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sydney Night Patrol & Inquiry Co Pty Ltd T/A Certis Security Australia
(AG2023/78)
Certis Security Australia and United Workers Union, Canberra Airport Enterprise Agreement 2022
| Security services | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 16 FEBRUARY 2023 |
Application for approval of the Certis Security Australia and United Workers Union, Canberra Airport Enterprise Agreement 2022
Certis Security Australia has applied for approval of an enterprise agreement known as the Certis Security Australia and United Workers Union, Canberra Airport Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Notice of Representational Rights (NERR) provided to employees described the coverage in relation to the classifications contained within the Agreement however, a copy of the Agreement was not given to employees at the same time. I am satisfied that the Agreement would have been genuinely agreed to but for this minor procedural error and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 13.5.4 – Casual conversion to part-time and full-time employment; and
· Clause 33 – Compassionate Leave.
However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2023. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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