DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Security Projects Group Unit Trust T/A Security Projects Group Pty Ltd
(AG2019/1691)

SECURITY PROJECTS GROUP PTY LTD ENTERPRISE AGREEMENT 2018 – 2022

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 JUNE 2019

Application for approval of the Security Projects Group Pty Ltd Enterprise Agreement 2018 - 2022.

[1] The Trustee for Security Projects Group Unit Trust (the Employer) has made an application for approval of an enterprise agreement known as the Security Projects Group Pty Ltd Enterprise Agreement 2018 – 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] The Agreement was approved on 17 June 2019 and, in accordance with s 54, will operate from 24 June 2019. The nominal expiry date of the Agreement is 17 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for Security Projects Group Unit Trust T/A Security Projects Group Pty Ltd applied to the Fair Work Commission for the approval of the Security Projects Group Pty Ltd Enterprise Agreement 2018 - 2022. The applicant is an employer with employees covered by the agreement. The application was made by the applicant on 19 July 2018, and the respondent, the Australian Council of Trade Unions (ACTU), was notified of the application on 10 August 2018. The application was heard by a delegate of the President of the Fair Work Commission on 23 August 2018.

The legal issues that the Court had to decide related to the approval of the Enterprise Agreement. The key issue was whether the agreement was in the best interests of the employees and met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and met all the necessary requirements. The respondent, on the other hand, argued that the agreement did not meet the requirements of the Act and was not in the best interests of the employees.

The Court found that the agreement was in the best interests of the employees and met the requirements of the Act. The Court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, including provisions for pay rates, hours of work, leave entitlements, and other benefits. The Court also found that the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees. The Court concluded that the agreement was in the best interests of the employees and met all the necessary requirements of the Act.

The Court approved the Security Projects Group Pty Ltd Enterprise Agreement 2018 - 2022, effective from 1 July 2018. The Court ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to the employees. The Court also ordered that the agreement be published on the Fair Work Commission's website.

The Trustee for Security Projects Group Unit Trust T/A Security Projects Group Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established