Tyco Australia Pty Limited T/A ADT Security

[2014] FWCA 5893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Australia Pty Limited T/A ADT Security
(AG2014/8691)

ADT ACT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 AUGUST 2014

Application for approval of the ADT ACT Security Technician Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the ADT ACT Security Technician Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] As the Agreement does not contain a flexibility term, the model flexibility term as contained in Schedule 2.2 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] As the Agreement does not contain a consultation term, the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2014. The nominal expiry date of the Agreement is 2 September 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tyco Australia Pty Limited trading as ADT Security, sought the court's approval for the ADT ACT Security Technician Enterprise Agreement 2014-2017. The application was brought before the Fair Work Commission, with the respondent being the Australian Council of Trade Unions. The dispute centred on the terms and conditions of employment for security technicians within the Australian Capital Territory, particularly regarding the proposed agreement's implications for employee rights and obligations.

The central legal issues revolved around whether the proposed enterprise agreement complied with the Fair Work Act 2009, specifically sections that mandate good faith bargaining, non-compulsion, and the avoidance of unprotected industrial action. The court was tasked with determining if the agreement met these statutory requirements and if it provided fair and reasonable terms for both parties. Additionally, the court had to assess if the agreement adequately covered all mandated bargaining subjects and whether it contained any unfair terms that might be detrimental to the employees.

In reaching its decision, the Fair Work Commission carefully examined the proposed agreement against the statutory criteria. The court found that the agreement demonstrated good faith bargaining and included all mandatory subjects as required by the Fair Work Act. It was also determined that the agreement did not compel employees to engage in industrial action and contained reasonable terms for both employers and employees. The court concluded that the agreement was fair and appropriate, meeting all legal standards. Consequently, the court approved the ADT ACT Security Technician Enterprise Agreement 2014-2017, setting a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established