DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trident Protective Services Pty Ltd
(AG2021/162)

TRIDENT PROTECTIVE SERVICES ENTERPRISE AGREEMENT 2020

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Trident Protective Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Trident Protective Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trident Protective Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2021. The nominal expiry date of the Agreement is 21 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Trident Protective Services Pty Ltd applied for the approval of the Trident Protective Services Enterprise Agreement 2020. The dispute centred on whether the enterprise agreement complied with the Fair Work Act 2009, including provisions on minimum terms and conditions of employment, and whether the agreement was fairly negotiated. The applicant argued that the agreement was fair and met all legislative requirements, while no respondents contested the application. The Commission was required to determine if the agreement contained all the prescribed minimum terms and conditions, if it was the product of genuine agreement, and if it complied with other relevant provisions of the Fair Work Act.

The Commission considered the application under section 232 of the Fair Work Act, which mandates that an enterprise agreement must include certain minimum terms and conditions. The court examined if the agreement contained all these provisions and if it was fairly negotiated, as required by section 228 of the Act. The Commission also assessed whether the agreement met the criteria for being a simplified bargaining agreement under section 227 of the Act, given that no party opposed the application.

Upon review, the Commission found that the Trident Protective Services Enterprise Agreement 2020 contained all the necessary minimum terms and conditions and was the product of genuine agreement. The Commission concluded that the agreement complied with all statutory requirements and was fair and reasonable. Consequently, the application for approval was granted.

The Fair Work Commission approved the Trident Protective Services Enterprise Agreement 2020, effective from the date of the decision. The Commission's approval was based on the agreement meeting all legislative requirements and being the result of genuine negotiations. This decision ensures that the terms and conditions within the agreement are legally binding and enforceable.

Trident Protective Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established