Tyco Australia T/A Signature Security Summary

[2014] FWCA 937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia T/A Signature Security
(AG2013/12857)

WESTERN AUSTRALIA SIGNATURE SECURITY GROUP PTY LTD RESPONSE CENTRE ENTERPRISE AGREEMENT 2013-2016

Security services
COMMISSIONER GREGORY	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the Western Australia Signature Security Group Pty Ltd Response Centre Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Australia Signature Security Group Pty Ltd Response Centre Enterprise Agreement 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 T/A Signature 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2014. The nominal expiry date of the Agreement is 4 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tyco Australia Trading as Signature Security applied for the approval of the Western Australia Signature Security Group Pty Ltd Response Centre Enterprise Agreement 2013-2016. The dispute arose from negotiations between the employer and the union representing the employees, which ultimately failed to result in an agreement. The Commission was tasked with determining whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for minimum rates of pay and conditions, dealt with redundancy and termination of employment, and was otherwise consistent with the Act.

The Commission considered the provisions of the proposed agreement against the statutory requirements. It was noted that the agreement contained minimum rates of pay that were in line with industry standards and the relevant award. The agreement also addressed various employment conditions, including hours of work, leave entitlements, and classification of employees. The Commission found that the agreement met the criteria for approval as it provided for minimum rates of pay and conditions, and dealt with redundancy and termination of employment in a manner consistent with the Act. Furthermore, the agreement was deemed to be in the best interests of the employees and the employer.

Accordingly, the Commission approved the proposed agreement. The Fair Work Commission found that the Western Australia Signature Security Group Pty Ltd Response Centre Enterprise Agreement 2013-2016 met the statutory requirements and was in the best interests of the employees and the employer. The agreement was approved and will apply to the employees from the date of the Commission's decision. This decision ensures that the employees will receive fair and reasonable terms and conditions of employment, while also providing the employer with the flexibility to manage its business effectively.

Tyco Australia T/A Signature Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established