Trident Services Security Pty Ltd Summary

[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

The Fair Work Commission (FWC) was asked to approve the Trident Services Security Pty Ltd Regional Ports Aviation Enterprise Agreement 2024. The applicant, Trident Services Security Pty Ltd, is a security services provider, and the respondent, the Shop, Distributive and Allied Employees’ Association (SDA), represents the employees. The dispute centred around the terms and conditions of employment under the proposed agreement, particularly focusing on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the agreement was in compliance with the Act, including provisions related to minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The FWC also needed to determine if the agreement had been fairly negotiated and whether it provided for the proper classification of employees. Additionally, the FWC considered whether the agreement adequately protected the interests of the employees and if it was in the public interest to approve it.

In its decision, the FWC examined the submissions from both parties and the evidence presented regarding the negotiation process and the contents of the agreement. The FWC found that the agreement met the statutory requirements and was fairly negotiated. The FWC concluded that the agreement provided appropriate protections for employees and was in the public interest. The Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act and was beneficial for both the employer and the employees.

The FWC's approval of the agreement was based on the satisfactory resolution of all legal issues, ensuring that the terms and conditions of employment were fair and equitable. The decision provided certainty and stability for both parties moving forward.

Trident Services Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established