Tyco Australia T/A Signature Security Summary

[2014] FWCA 7729

The attached document replaces the document previously issued with the above code on 31 October 2014.

The named agreement in the Preamble of the Decision is changed from South East Queensland ADT Security Enterprise Agreement 2014-2017 to ADT South Queensland Enterprise Agreement 2014-2017

Mark Evans

Relief Associate to Deputy President

Dated 3 November 2014

[2014] FWCA 7729

FAIR WORK COMMISSION

DECISION

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

Tyco Australia T/A Signature Security
(AG2014/9640)

ADT SOUTH QUEENSLAND ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 OCTOBER 2014

Application for approval of the ADT South Queensland Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the ADT South Queensland 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 November 2017.

DEPUTY PRESIDENT

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tyco Australia, trading as Signature Security, applied for approval of the ADT South Queensland Enterprise Agreement 2014-2017. The application was heard by the Fair Work Commission. The agreement was between the employer and the employees represented by the Australian Manufacturing Workers Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement contained the necessary provisions, including minimum wage rates, penalty rates, leave entitlements, and other terms and conditions. It also had to consider whether the agreement was made in good faith and whether it provided for the proper regulation of employees' terms and conditions of employment. The court needed to assess if the agreement met the criteria for being a single, intelligible document, and if it complied with the disclosure and information requirements.

The Fair Work Commission found that the agreement contained all the necessary provisions and was made in good faith. The agreement was a single, intelligible document and complied with the disclosure and information requirements. The commission noted that while some employees had raised concerns about the agreement, the majority had not, and the agreement was in the best interests of the employees. The commission approved the agreement, finding that it met all the legislative requirements.

The Fair Work Commission approved the ADT South Queensland Enterprise Agreement 2014-2017. The agreement was to be registered with the Fair Work Commission and would apply to the employees from 1 July 2014 until 30 June 2017. The approval was subject to the agreement being amended to address any outstanding issues raised by the employees.

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