DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Group Pty Ltd T/A ADT Security
(AG2019/3197)

ADT SECURITY RESPONSE CENTRE ENTERPRISE AGREEMENT (2019-2021)

Security services
COMMISSIONER MCKINNON	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the ADT Security Response Centre Enterprise Agreement (2019-2021).

[1] Application has been made for approval of a single enterprise agreement known as the ADT Security Response Centre Enterprise Agreement (2019-2021). The application was made pursuant to s.185 of the Fair Work Act 2009 by Tyco Australia Group Pty Ltd T/A ADT Security.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the agreement.

[3] With 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Australia Group Pty Ltd, trading as ADT Security, applied for the approval of the ADT Security Response Centre Enterprise Agreement (2019-2021). The dispute involved the terms and conditions of employment for the workers within the response centre, and the application was heard by the Commission. The parties involved were the employer, represented by Tyco Australia Group Pty Ltd, and the employees, represented by the relevant union.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the minimum entitlements that must be provided to the employees. The Commission needed to determine whether the agreement was in the best interests of the employees and whether it met the "better off overall test," ensuring that the employees would not be worse off financially under the new agreement compared to their previous conditions.

In delivering its decision, the Commission considered the submissions from both parties and examined the proposed terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, including adequate pay and conditions, and did not disadvantage the employees. It was determined that the agreement met the requirements of the Fair Work Act 2009 and passed the better off overall test. Consequently, the Commission approved the ADT Security Response Centre Enterprise Agreement (2019-2021).

The Fair Work Commission approved the ADT Security Response Centre Enterprise Agreement (2019-2021), effective from the date of the decision, and it shall apply to the employees covered by the agreement.

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