United Voice v Secom Australia Pty Limited T/A SECOM Security

United Voice brought an appeal against two decisions made by Commissioner Gregory, where he approved the SECOM Security Australia - Employee Enterprise Agreement 2014-2017. The dispute pertained to the application of the better off overall test in the context of an enterprise agreement. The case was heard in the Full Bench of the Federal Court of Australia. The primary legal issues before the court were whether the Commissioner correctly applied the better off overall test and whether the enterprise agreement provided the employees with a better overall outcome in terms of pay and conditions.

The court considered the statutory framework governing the better off overall test, as well as the evidence presented by both parties. The Full Bench found that the Commissioner had correctly applied the better off overall test in approving the enterprise agreement. The court emphasised the importance of considering the totality of the employees' entitlements under the agreement and the overall benefit to the employees. The court concluded that the Commissioner had appropriately weighed the various factors and made a decision that was within the bounds of reasonableness.

Having examined the evidence and the arguments presented, the Full Bench upheld the Commissioner's decisions. The appeal was dismissed, and permission to appeal to the High Court was also refused. The Full Bench found that the Commissioner had applied the better off overall test correctly and that the enterprise agreement provided the employees with a better overall outcome. As a result, the approval of the SECOM Security Australia - Employee Enterprise Agreement 2014-2017 was upheld.