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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Australian Council of Trade Unions (ACTU) for approval of the Trident Services Security Pty Ltd and United Voice Mackay Airport Aviation Security Enterprise Agreement 2018-2022. The dispute arose from negotiations between the union and the employer over the terms and conditions of employment for security officers at Mackay Airport. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for a fair and efficient system for determining the terms and conditions of employment, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement provided for a fair and efficient system for resolving disputes between the parties and whether it was consistent with the objectives of the Fair Work Act.

The Commission found that the agreement met the criteria for approval. It provided for a fair and efficient system for determining the terms and conditions of employment, including provisions for the payment of wages, hours of work, leave entitlements, and other employment-related matters. The Commission also found that the agreement was in the best interests of the employees and provided for a fair and efficient system for resolving disputes between the parties. The Commission noted that the agreement included provisions for the resolution of disputes through conciliation and arbitration, and that it was consistent with the objectives of the Fair Work Act.

The Commission approved the agreement, and it is now a legally binding enterprise agreement between the parties. The agreement provides for a range of benefits for employees, including improved pay and conditions, and sets out a framework for the resolution of any future disputes between the parties.

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