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

[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

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.

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]

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.

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by the United Workers Union and Trident Services Australia Pty Ltd, trading as Trident Services Security Pty Ltd and Trident Services Cleaning Pty Ltd. The matter concerned the approval of an enterprise agreement, specifically the Trident Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024. The United Workers Union sought approval for the agreement, which aimed to govern the terms and conditions of employment for certain workers within the cleaning and security sectors at the Safeguard QIC Shopping Centre.

The central legal issue before the court was whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly whether it contained the necessary elements prescribed by the Act. The court had to consider whether the agreement was made in good faith, whether it provided for proper mechanisms for resolving disputes, and whether it complied with the provisions of the Act concerning minimum entitlements and other procedural requirements.

In examining the agreement, the Fair Work Commission determined that the proposed agreement was made in good faith and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement contained all the necessary elements as prescribed by the Fair Work Act 2009. It provided for minimum entitlements and adhered to the procedural requirements set out in the Act. The Commission concluded that the agreement was fair and appropriate, and therefore approved the Trident Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established