DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TRIG Security Pty Ltd T/A TRIG Security
(AG2021/5474)

TRIG SECURITY ENTERPRISE AGREEMENT 2021

Security services
COMMISSIONER YILMAZ	MELBOURNE, 30 JUNE 2021

Application for approval of the TRIG Security Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TRIG Security Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TRIG Security Pty Ltd T/A TRIG Security. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 29 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, TRIG Security Pty Ltd, trading as TRIG Security, applied for approval of the TRIG Security Enterprise Agreement 2021. The application was opposed by the Australian Services Union, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately addressed the rights and conditions of employment for TRIG Security's employees.

The legal issues before the Commission included whether the agreement was a single, indivisible instrument, the extent to which the agreement provided for fair and reasonable terms and conditions, and whether the agreement complied with the requirements for enterprise agreements under the Fair Work Act. The Commission needed to determine whether the agreement met the criteria for being a genuine enterprise agreement and whether it provided for the fair and reasonable terms and conditions of employment as required by the Act.

The Commission found that the TRIG Security Enterprise Agreement 2021 was a bona fide enterprise agreement and met the requirements of the Fair Work Act. The Commission acknowledged that the agreement contained provisions that were fair and reasonable in all respects. The Commission also determined that the agreement was a single, indivisible instrument. After considering the evidence and submissions from both parties, the Commission approved the agreement.

The Fair Work Commission approved the TRIG Security Enterprise Agreement 2021. The decision confirmed that the agreement was a genuine enterprise agreement that provided for fair and reasonable terms and conditions of employment. The Commission's approval of the agreement ensures that it will be binding on all employees covered by the agreement and will provide a framework for the terms and conditions of employment for those employees.

TRIG Security Pty Ltd T/A TRIG Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established