United Workers’ Union

[2023] FWCA 2021

[2023] FWCA 2021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Workers’ Union

(AG2023/1882)

TRIDENT SERVICES AUSTRALIA PTY LTD AND UNITED WORKERS UNION QUEENSLAND AVIATION SECURITY ENTERPRISE AGREEMENT 2023

Security services
COMMISSIONER MATHESON	SYDNEY, 3 JULY 2023

Application for approval of the Trident Services Australia Pty Ltd and United Workers Union Queensland Aviation Security Enterprise Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the Trident Services Australia Pty Ltd and United Workers Union Queensland Aviation Security Enterprise Agreement 2023 (Agreement). The application was made by the United Workers’ Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). In particular, clause 32 of the Agreement provides for compassionate leave, however does not appear to extend the entitlement to the circumstances set out in ss. 104 (b) and (c) of the Act. In particular, ss. 104 (b) and (c) of the Act provide that an employee is entitled to 2 days of compassionate leave for each occasion when:

• a child is stillborn, where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child had been born alive; or
• the employee, or the employee’s spouse or de facto partner, has a miscarriage.

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

1. In accordance with s.187(5) of the Act, I am satisfied that the United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

1. An obvious error has been made in clause 1 of the Agreement in that the employer’s name has been incorrectly stated. The Applicant seeks an amendment such that the title of the Agreement in clause 1 reads ‘Trident Services Australia Pty Ltd and United Workers Union Queensland Aviation Security Enterprise Agreement 2023’. Pursuant to s.218A of the Act, I vary clause 1 of the Agreement to amend the obvious error such that it reads:

‘This Agreement is the Trident Services Australia Pty Ltd and United Workers Union
           Queensland Aviation Security Enterprise Agreement 2023’.

1. The amendment operates from the date of this decision.

1. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the United Workers’ Union, and that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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