United Voice

[2019] FWCA 904

[2019] FWCA 904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2018/4731)

TRIDENT SERVICES SECURITY PTY LTD AND UNITED VOICE MACKAY AIRPORT 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 Mackay Airport 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 Mackay Airport 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 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

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Annexure A