DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice; Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security
(AG2017/550)

COMMONWEALTH GAMES SECURITY SERVICES AGREEMENT 2018

Security services
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2017

Application for approval of the Commonwealth Games Security Services Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Commonwealth Games Security Services Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice; Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved United Voice, Sydney Night Patrol and Inquiry Co Pty Ltd trading as SNP Security. The applicant sought approval of a proposed agreement concerning the security services for the Commonwealth Games. The respondent, United Voice, opposed the approval, citing concerns over the agreement's impact on employee conditions and the process by which the agreement was negotiated. The Fair Work Commission was tasked with determining whether the agreement should be approved under section 234 of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act and whether the process by which the agreement was negotiated was fair and appropriate. The Commission had to assess the balance of the agreement in terms of its provisions and its potential impact on the employees' conditions of employment. Additionally, the Commission needed to consider whether there was adequate consultation and negotiation between the parties as required by the Act.

The Fair Work Commission found that the proposed agreement did meet the criteria for approval. The Commission acknowledged the efforts made by the parties to negotiate and reach an agreement that was fair and balanced. The Commission was satisfied that the negotiation process was appropriate and that the agreement adequately protected the interests of the employees. The Commission highlighted the importance of the agreement in ensuring the security and safety of the Commonwealth Games, which was a significant event for the community. Given these findings, the Commission approved the agreement under section 234 of the Fair Work Act.

In light of the approval, the Fair Work Commission issued its orders to formalise the agreement. The Commission confirmed the approval of the Commonwealth Games Security Services Agreement 2018 and directed that it be registered with the Fair Work Commission. The orders also included provisions for the ongoing monitoring and enforcement of the agreement to ensure compliance with its terms.

United Voice; Sydney Night Patrol and Inquiry Co Pty Ltd T/A SNP Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established