Trident Services Security Pty Ltd
[2024] FWCA 974
•18 MARCH 2024
| [2024] FWCA 974 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Trident Services Security Pty Ltd
(AG2024/507)
TRIDENT SERVICES SECURITY PTY LTD REGIONAL PORTS AVIATION ENTERPRISE AGREEMENT 2024
| Security services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 18 MARCH 2024 |
Application for approval of the Trident Services Security Pty Ltd Regional Ports Aviation Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Trident Services Security Pty Ltd Regional Ports Aviation Enterprise Agreement 2024 (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.
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 (2023 v 2024). 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].
I note that Schedule C of the Agreement incorrectly references clause 28.3 which is about Personal/carer’s leave where it should reference clause 25 which is about overtime. I exercise the discretion conferred by s.218A(2)(a) to correct this error and I note that the Applicant and both of the relevant employee organisations agreed on the error and its correction.
The United Workers Union (UWU) wrote to my chambers on 15 March 2024, in respect of another error in the Agreement at Schedule B at page 47 of the Agreement. The column heading in the table that says “Day Span (0%)” should say “Day Span (15%). I note that the Applicant/Employer and the Transport Workers Union (TWU) agreed on the error and its correction at a mention of the matter on 15 March 2024. I exercise the discretion conferred by s.218A(2)(b)(iii) to correct this error.
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.
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.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 14.5 – Abandonment
However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The UWU and the TWU each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU and the UWU.
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] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
<AE523873 PR772485>
0
0
0