DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Night Patrol & Inquiry Co. Pty Ltd T/A SNP Security
(AG2018/91)

CANBERRA AIRPORT SECURITY SERVICES ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2018

Application for approval of the Canberra Airport Security Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Airport Security Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Night Patrol & Inquiry Co. Pty Ltd T/A SNP Security. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 25 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sydney Night Patrol & Inquiry Co. Pty Ltd, trading as SNP Security, applied to the Fair Work Commission for the approval of the Canberra Airport Security Services Enterprise Agreement 2017. The application arose from negotiations between the company and the Australian Council of Trade Unions, which resulted in the proposed agreement. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly in relation to minimum entitlements, dispute resolution, and procedural fairness.

The legal issues before the Commission included whether the agreement adequately covered minimum entitlements, such as rates of pay, leave provisions, and penalty rates, in compliance with the relevant award and the National Employment Standards. Additionally, the Commission had to consider whether the dispute resolution mechanisms within the agreement were fair and effective, and whether the negotiation process was conducted in good faith and met the statutory requirements for procedural fairness.

The Fair Work Commission found that the agreement did not fully comply with the statutory requirements, particularly regarding the incorporation of minimum entitlements. The Commission held that the proposed agreement did not adequately address certain provisions, such as shift loadings and allowances, which were not properly reflected in the agreement. Furthermore, the Commission determined that while the dispute resolution mechanisms were generally satisfactory, there were issues with the procedural fairness of the negotiation process. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the application for approval of the Canberra Airport Security Services Enterprise Agreement 2017 be dismissed, with directions for the parties to return to the negotiating table to address the identified deficiencies. The Commission mandated that the negotiations must comply with all relevant statutory requirements and ensure that the final agreement meets the standards set out in the Fair Work Act 2009.

Sydney Night Patrol & 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