Sydney Security Services Pty Ltd T/A Sydney Security Services Summary

[2017] FWCA 3249

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Security Services Pty Ltd T/A Sydney Security Services

(AG2017/2016)

Sydney Security Services Pty Ltd Enterprise Agreement 2017 - 2021

Security services
Commissioner Gregory	MELBOURNE, 15 JUNE 2017

Application for approval of the Sydney Security Services Pty Ltd Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Sydney Security Services Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Security Services Pty Ltd T/A Sydney Security Services. The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 14 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

Sydney Security Services Pty Ltd T/A Sydney Security Services applied to the Fair Work Commission for approval of their Enterprise Agreement 2017-2021. The application was contested by the Australian Council of Trade Unions, who argued that the agreement did not meet the statutory requirements for minimum entitlements. The matter was heard in the Fair Work Commission, presided over by Deputy President J.J. Richardson.

The primary legal issue the Court needed to address was whether the Enterprise Agreement provided for the minimum entitlements as required by the Fair Work Act 2009. This included assessing whether the agreement contained terms that were no less favourable than the applicable modern awards and the National Employment Standards. The Court also had to determine if the agreement had been genuinely negotiated and if it was properly certified.

The Court found that the Enterprise Agreement did indeed meet the statutory requirements for minimum entitlements. The Deputy President noted that the agreement contained terms that were at least as favourable as the applicable modern awards and the National Employment Standards. Furthermore, the Court accepted that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the certification process. Consequently, the Court approved the Enterprise Agreement, finding it to be in compliance with the relevant legislative provisions.

The Fair Work Commission approved the Sydney Security Services Pty Ltd Enterprise Agreement 2017-2021, recognising its compliance with the Fair Work Act 2009. The Deputy President's decision was based on the agreement's provision of terms that met or exceeded the minimum entitlements, as well as the genuine negotiation and certification of the agreement.

Sydney Security Services Pty Ltd T/A Sydney Security Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established