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

[2024] FWCA 4718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trident Services Security T/A Trident Services Security Pty Ltd

(AG2024/4828)

TRIDENT SERVICES SECURITY PTY LTD AND UNITED WORKERS UNION QUEENSLAND AVIATION SECURITY (CAIRNS AND MACKAY AIRPORTS) AGREEMENT 2024

Security services
DEPUTY PRESIDENT DOBSON	BRISBANE, 31 DECEMBER 2024

Application for approval of the Trident Services Security Pty Ltd and United Workers Union Queensland Aviation Security (Cairns and Mackay 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 (Cairns and Mackay 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.

Correspondence was sent to the Employer by my Chambers on 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.

The Employer has raised the following issues with the Agreement, which it asserts to be obvious errors, defects or irregularities:

•Schedule B of the Agreement contained incorrect information under the column “Day Span” where the rates of pay should have replicated the figures of the base rate column and the column titled “Day Shift” should have been titled “Day Shift Span”.

The Employer has provided an updated copy of the Agreement which corrected this error and an explanation that satisfies me that employees who voted on the Agreement understood the correct information based on other information in the Agreement itself and in the explanatory material. The views of bargaining representatives are supportive of these assertions and their history. I am satisfied that these issues each constitute an obvious error, defect, or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] 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 7 January 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

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

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application for the approval of a workplace agreement between Trident Services Security, trading as Trident Services Security Pty Ltd, and the United Workers Union Queensland Aviation Security (Cairns and Mackay Airports). The union sought to have the agreement, which outlined terms and conditions for its members employed by the company, formally approved by the Commission. The company, in turn, expressed its willingness to have the agreement approved, provided it was in compliance with relevant legislative standards.

The central legal issue before the Commission was whether the proposed agreement met the requirements set forth under the Fair Work Act 2009. This included ensuring that the agreement provided for the rights and obligations of the parties in a manner that was fair and appropriate, and that it did not contain any terms that were contrary to the provisions of the Act or that would otherwise be unenforceable. The Commission needed to assess whether the agreement provided adequate protections for employees and whether it adhered to the principles of procedural fairness and good faith bargaining.

The Fair Work Commission determined that the agreement met the necessary criteria for approval. It found that the terms of the agreement were fair and appropriate, providing adequate protections for the employees while also respecting the rights and obligations of the employer. The Commission noted that the agreement had been the subject of good faith bargaining and that it did not contain any terms that were contrary to the Act. Consequently, the Commission approved the Trident Services Security Pty Ltd and United Workers Union Queensland Aviation Security (Cairns and Mackay Airports) Agreement 2024.

In approving the agreement, the Commission issued its orders accordingly, formally recognising the agreement as a registered workplace determination. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the parties, providing a clear and legally binding framework for both employers and employees.

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