The Andrew Crawford Group Pty Ltd T/A Crawford Security & Investigations

[2014] FWCA 4280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Andrew Crawford Group Pty Ltd T/A Crawford Security & Investigations
(AG2014/6145)

THE ANDREW CRAWFORD GROUP PTY LTD ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 2 JULY 2014

Application for approval of The Andrew Crawford Group Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Andrew Crawford Group Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Andrew Crawford Group Pty Ltd T/A Crawford Security & Investigations. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2014. The nominal expiry date of the Agreement is 8 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Andrew Crawford Group Pty Ltd, trading as Crawford Security & Investigations, applied for the approval of its 2014 Enterprise Agreement. The Fair Work Commission was the forum for this application, with the decision being made by Deputy President M.A. Richards. The dispute centred on the terms and conditions of employment for the company's employees, seeking to formalise the existing working conditions into an approved enterprise agreement.

The primary legal issues before the court were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions, whether it was genuinely negotiated between the parties, and if it complied with the procedural requirements for such agreements. Additionally, the court had to consider if the agreement was in the best interest of the employees and if it addressed any existing workplace issues effectively.

The Deputy President concluded that the proposed agreement was fair and reasonable, having been genuinely negotiated and meeting all the statutory requirements. The Deputy President found that the agreement provided for appropriate terms and conditions, was in the best interest of the employees, and complied with procedural fairness. Consequently, the application for approval of the 2014 Enterprise Agreement was successful.

The final orders were that the 2014 Enterprise Agreement between The Andrew Crawford Group Pty Ltd and its employees be approved, effective from the date of the decision. This approval formalises the terms and conditions of employment for the employees and provides a clear framework for their working relationship with the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established