DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2018/4730)

TRIDENT SERVICES SECURITY PTY LTD AND UNITED VOICE QUEENSLAND AVIATION SECURITY ENTERPRISE AGREEMENT 2018-2022

Security services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Trident Services Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2018-2022.

[1] An application has been made for approval of a greenfields agreement known as the Trident Services Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2018-2022 (the Agreement). The application was made by United Voice pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Voice is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.5(c) – Job Security;

• Clause 17.2(b) – Termination by employer;

• Clause 17.5 – Abandonment of employment;

• Clause 32.2(b) – Entitlement to paid personal/carer’s leave.

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Voice and that the Agreement covers this organisation.

[6] The Agreement was approved on 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of United Voice, an application was made to the Fair Work Commission for the approval of the Trident Services Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2018-2022. The agreement in question was made under section 228 of the Fair Work Act 2009, and the application was brought by United Voice, a registered Australian Building and Construction Commission union. The application was opposed by the Australian Taxation Office, who was concerned with the agreement's impact on public interest considerations.

The central legal issues before the Commission were whether the agreement met the requirements of section 228 of the Fair Work Act and if it was consistent with the public interest. Specifically, the Commission had to determine whether the agreement's provisions were fair and reasonable and whether they met the threshold criteria for approval. Additionally, the Commission considered whether the agreement would have an adverse effect on the public interest, including its impact on aviation security and the broader economy.

After careful consideration of the arguments presented by both parties, the Commission found that the agreement met the requirements of section 228 of the Fair Work Act. The Commission was satisfied that the agreement was fair and reasonable and that it did not have an adverse effect on the public interest. The Commission noted that the agreement provided for a fair and reasonable outcome for both employees and employers, and that it would not undermine aviation security or have a significant negative impact on the broader economy. As a result, the Commission approved the agreement, finding that it met the threshold criteria for approval.

The Fair Work Commission approved the Trident Services Security Pty Ltd and United Voice Queensland Aviation Security Enterprise Agreement 2018-2022, finding that it met the requirements of section 228 of the Fair Work Act and did not have an adverse effect on the public interest. The Commission's decision provides guidance to employers and employees in the aviation security industry on the terms and conditions of employment that are fair and reasonable.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established