Trident Services Australia Pty Ltd T/A Trident Services Security Pty Ltd and Trident Services Cleaning Pty Ltd

[2024] FWCA 4515

[2024] FWCA 4515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trident Services Australia Pty Ltd T/A Trident Services Security Pty Ltd and Trident Services Cleaning Pty Ltd

(AG2024/4665)

UNITED WORKERS UNION AND TRIDENT SERVICES 5 STAR CLEANING AND SAFEGUARD QIC SHOPPING CENTRE AGREEMENT 2024

Cleaning services
DEPUTY PRESIDENT DOBSON	BRISBANE, 16 DECEMBER 2024

Application for approval of the United Workers Union and Trident Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024

1. This decision deals with an application made for approval of an enterprise agreement known as the United Workers Union and Trident Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trident Services Australia Pty Ltd T/A Trident Services Security Pty Ltd and Trident Services Cleaning Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will commence from 23 December 2024.  The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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