DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Group Pty Ltd T/A ADT Security
(AG2018/488)

ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2018

Application for approval of the ADT Security Technician Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the ADT Security Technician Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Group Pty Ltd T/A ADT Security. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 25 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Commission was an application for the approval of the ADT Security Technician Enterprise Agreement 2017-2020, made by the applicant, Tyco Australia Group Pty Ltd trading as ADT Security, and the respondent, the Australian Manufacturing Workers Union. The dispute centred on the terms and conditions of employment for technicians employed by ADT Security, with the primary focus on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the agreement provided for fair and reasonable terms and conditions, was free from coercive conduct, and whether it contained all the mandated minimum entitlements. The Commission also needed to ensure that the agreement did not undermine the protection of employees' rights and that it adhered to the provisions of the Fair Work Act. The parties' bargaining positions and the procedural fairness of the bargaining process were also scrutinized.

The Commission found that the agreement was fair and reasonable, providing for terms and conditions that were consistent with the spirit of the Act. The evidence presented did not reveal any instances of unfair or coercive conduct during the bargaining process. Additionally, the agreement contained all the mandated minimum entitlements and did not undermine the protection of employees' rights. The procedural fairness of the negotiations was also upheld, with both parties engaging in good faith bargaining. The Commission approved the agreement, confirming its compliance with the legislative requirements.

As a result of the approval, the ADT Security Technician Enterprise Agreement 2017-2020 was formally recognised and could be applied to the relevant employees. This decision ensured that the terms and conditions of employment for technicians under the agreement were legally binding and enforceable, providing a stable framework for the relationship between the employer and the employees.

Tyco Australia Group Pty Ltd T/A ADT Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established