Tyco Australia Pty Limited T/A ADT Security

[2013] FWCA 8612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Limited T/A ADT Security
(AG2013/9307)

ADT SECURITY RESPONSE CENTRE ENTERPRISE AGREEMENT (2013-2016)

Security services
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2013

Application for approval of the ADT Security Response Centre Enterprise Agreement NSW (2013-2016).

[1] An application has been made for approval of an enterprise agreement known as the ADT Security Response Centre Enterprise Agreement NSW (2013-2016) (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 Pty Limited T/A ADT Security. The agreement is a single-enterprise agreement.

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

[3] United Voice, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 4 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyco Australia Pty Limited, trading as ADT Security, applied to the Fair Work Commission for the approval of the ADT Security Response Centre Enterprise Agreement NSW (2013-2016). The dispute involved the terms of the proposed agreement, which aimed to establish the employment conditions for the employees of ADT Security within the state of New South Wales for the specified period. The application was brought before the Fair Work Commission to ensure the agreement complied with the requirements set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act and whether it appropriately balanced the interests of the employer and employees. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, if it allowed for proper employee representation, and if it adhered to the good faith bargaining requirements stipulated by the Act. Additionally, the Commission had to ensure the agreement did not undermine the right to free association and protected industrial action.

In reaching its decision, the Fair Work Commission carefully reviewed the proposed agreement against the statutory requirements. The Commission determined that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment. It found that the agreement appropriately balanced the interests of both the employer and employees, and that it allowed for effective employee representation. Furthermore, the Commission was satisfied that the agreement was the product of good faith bargaining. Consequently, the Commission approved the ADT Security Response Centre Enterprise Agreement NSW (2013-2016) as compliant with the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the ADT Security Response Centre Enterprise Agreement NSW (2013-2016), which would now be binding on the parties and their employees for the specified period. The agreement was set to commence on the date of the Commission's approval and would remain in effect until the end of the term, subject to any further orders or variations that might be determined by the Commission in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established