Trident Services Security T/A Trident Services Security Pty Ltd Summary

[2024] FWCA 4692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trident Services Security T/A Trident Services Security Pty Ltd

(AG2024/4827)

TRIDENT SERVICES SECURITY PTY LTD AND UNITED WORKERS UNION QUEENSLAND AVIATION SECURITY (GOLD COAST AND TOWNSVILLE AIRPORTS) AGREEMENT 2024

Security services
DEPUTY PRESIDENT DOBSON	BRISBANE, 24 DECEMBER 2024

Application for approval of the Trident Services Security Pty Ltd and United Workers Union Queensland Aviation Security (Gold Coast and Townsville Airports) Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Trident Services Security Pty Ltd and United Workers Union Queensland Aviation Security (Gold Coast and Townsville Airports) Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trident Services Security (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]

Correspondence was sent to the Employer by my Chambers on 17 and 18 December 2024, in respect of the provisions for part time employees who may be required to work additional hours beyond that which they have agreed to. On the basis of the material before me and the submissions made by the Applicant that on the basis of the reasonably foreseeable pattern of work, part time employees would not be worse off in comparison to the provisions of the Award pursuant to s.193(5)-(6) of the Act and that should this change over the life of the Agreement that the provisions of s.227A of the Act may be enlivened.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 32 – Compassionate leave
· Clause 40.3 – Public Holidays.

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 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 operate from 31 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 case involved an application for the approval of an agreement between Trident Services Security T/A Trident Services Security Pty Ltd and the United Workers Union Queensland Aviation Security (Gold Coast and Townsville Airports) Agreement 2024. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the criteria for approval, including compliance with the procedural requirements, fairness of the terms and conditions, and whether it promoted better working conditions and productivity.

The Commission examined the agreement's adherence to procedural fairness and whether the union had adequately represented the employees' interests. The tribunal also evaluated the terms and conditions of the agreement to assess if they were fair and reasonable, considering the overall economic and social context. Furthermore, the Commission considered whether the agreement would contribute to better working conditions and productivity in the aviation security sector. After careful deliberation, the Commission determined that the agreement was compliant with the necessary procedural requirements, fair in its terms and conditions, and would indeed promote better working conditions and productivity.

Consequently, the Fair Work Commission approved the Trident Services Security Pty Ltd and United Workers Union Queensland Aviation Security (Gold Coast and Townsville Airports) Agreement 2024. The Commission's decision was based on the finding that the agreement met all the statutory criteria for approval, ensuring fair and reasonable terms for the employees and fostering improved working conditions and productivity in the industry. The approval of this agreement signifies a significant step towards enhancing the relationship between the employer and the union, and ultimately, the well-being of the employees within the aviation security sector.

Trident Services Security T/A 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