Tyco Australia t/as ADT Security Summary

[2014] FWCA 1324

FAIR WORK COMMISSION

DECISION

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

Tyco Australia t/as ADT Security
(AG2014/237)

ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 FEBRUARY 2014

Application for approval of the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016 (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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 28 February 2014. The nominal expiry date of the Agreement is 28 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission was presented with an application by Tyco Australia t/as ADT Security to approve the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016. The dispute involved the terms and conditions of employment for security technicians under the proposed enterprise agreement, and the process through which the agreement was reached. The key legal issues before the Commission were whether the agreement was fairly and properly negotiated and whether it met the requirements for approval under the Fair Work Act.

The Commission examined the negotiation process and the documentation provided to determine if the agreement was the product of genuine bargaining. It considered the conduct of the parties, the presence of any coercion or undue influence, and whether the agreement provided fair and reasonable terms for the employees. Additionally, the Commission assessed whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. These included ensuring that the agreement was in writing, that it covered the correct bargaining unit, and that it provided for a minimum wage rate and other employment conditions that met or exceeded the safety net.

After a thorough review, the Commission concluded that the ADT SECURITY TECHNICIAN ENTERPRISE AGREEMENT 2013-2016 was fairly and properly negotiated and met all the statutory requirements for approval. The Commission found that the negotiation process was conducted in good faith and without any undue influence or coercion. The agreement was found to provide fair and reasonable terms for the employees, including appropriate wage rates and conditions of employment. The Commission approved the agreement, and it came into effect on the specified date.

Tyco Australia t/as ADT Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established