DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Pride Group (Qld) Pty Ltd T/A Pride Electronic Security Systems and Pride Energy Solutions
(AG2018/7087)

THE PRIDE GROUP (QID) PTY LTD EMPLOYMENT AGREEMENT SERVICE AND INSTALLATION STAFF 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 MAY 2019

Application for approval of the he Pride Group (Qld) Pty Ltd Employment Agreement Service and Installation Staff 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the he Pride Group (Qld) Pty Ltd Employment Agreement Service and Installation Staff 2019 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Pride Group (Qld) Pty Ltd T/A Pride Electronic Security Systems and Pride Energy Solutions. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 15 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Pride Group (Qld) Pty Ltd, trading as Pride Electronic Security Systems and Pride Energy Solutions, applied to the Fair Work Commission for approval of an enterprise agreement. The application related to the employment of service and installation staff for the period from 2019 to 2023. The dispute involved the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for the fair and reasonable terms and conditions of employment. Specifically, the Commission needed to determine if the agreement provided for proper minimum rates of pay, overtime provisions, and appropriate rest periods for the employees. Additionally, the Commission assessed if the agreement included all the mandated minimum terms as per the Act.

In making its decision, the Fair Work Commission considered the evidence presented by both parties and the statutory requirements outlined in the Fair Work Act 2009. The Commission found that the proposed agreement met the necessary criteria, including providing for minimum rates of pay, overtime, and adequate rest periods. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the relevant employees. Therefore, the application for approval of the Pride Group (Qld) Pty Ltd Employment Agreement Service and Installation Staff 2019 - 2023 was approved.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to apply to the employees covered by the application and remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

The Pride Group (Qld) Pty Ltd T/A Pride Electronic Security Systems and Pride Energy Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established