Trident Services Security Pty Ltd

[2024] FWCA 947

[2024] FWCA 947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trident Services Security Pty Ltd

(AG2024/483)

TRIDENT SERVICES SECURITY PTY LTD SUNSHINE COAST AIRPORT AVIATION PROTECTION OFFICERS AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2023

Security services
DEPUTY PRESIDENT DOBSON	BRISBANE, 21 MARCH 2024

Application for approval of the Trident Services Security Pty Ltd Sunshine Coast Airport Aviation Protection Officers and the Transport Workers Union of Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Trident Services Security Pty Ltd Sunshine Coast Airport Aviation Protection Officers and Transport Workers Union Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trident Services Security 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. I also note that due to an administrative error the last NERR was given 34 days after the notification time which was 7 July 2023, therefore it was 12 days late. I note that the first bargaining meeting was held on 10 August 2023 and that the vote for the Agreement occurred on 6 February 2024. In consideration of the submissions and declarations made by the parties, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departures from the prescribed form requirements of the NERR under s.174(1A) and the requirements under s.173(3) of the Act. I am also satisfied 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. The Agreement covers employees engaged specifically as Aviation Protection Officers. Having regard to the material before me, the coverage in the relevant majority support determination[2] and the accompanying declarations, I am satisfied that the group was fairly chosen in accordance with the Act.[3]

1. The Applicant has provided written undertakings. 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.

1. 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.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[4] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Transport Workers’ Union of Australia (TWU) 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 TWU.

1. The United Workers’ Union (UWU) also lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. On 7 March 2024 the TWU wrote to my chambers objecting to the UWU’s submission of an F18 on the grounds that they were not involved in any of the negotiations, and they do not have any members engaged in the relevant classifications within the Agreement so therefore they are not bargaining representatives for the Enterprise Agreement.[5]

1. On 7 March 2024, I invited the UWU to provide their submissions in respect of the TWUs objections and to provide a list of their members relevant to this Agreement. I invited the Applicant to provide a list of employees who voted on the Agreement and a list of employees presently covered by the Agreement. There were no employees that appeared on the UWU list and either of the Applicants lists. On that basis I am satisfied that the UWU was not a bargaining representative for the Agreement and that they will not be covered by the Agreement in accordance with s.183 of the Act.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

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

[2] Application by the Transport Workers’ Union of Australia [2023] FWC 1637.

[3] Fair Work Act 2009 (Cth) s.186(3A).

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

[5] ATCO Structures Logistics Pty Ltd [2018] FWA 1460 [11].

Printed by authority of the Commonwealth Government Printer

<AE523851  PR772422>