DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Protective Services Pty Ltd
(AG2021/4639)

VICTORIAN PROTECTIVE SERVICES ENTERPRISE AGREEMENT 2021

Security services
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2021

Application for approval of the Victorian Protective Services Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Protective Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Protective Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 29 April 2021 and, in accordance with s.54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 29 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Victorian Protective Services Pty Ltd to the Fair Work Commission for approval of the Victorian Protective Services Enterprise Agreement 2021. The respondents to the application were the Fair Work Ombudsman and a number of unions representing employees within the industry. The central dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009, particularly in relation to the provisions concerning minimum wages, hours of work, and employee entitlements.

The court had to determine if the agreement provided fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and if it was genuinely negotiated between the employer and the unions. The court also had to consider whether the agreement provided for proper consultation and if the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement contained provisions that were fair and reasonable and complied with the legal requirements set out in the Fair Work Act. The Commission noted that the agreement had been the result of genuine negotiation between the employer and the unions, and that it provided for proper consultation. The Commission also found that the agreement was in the best interests of the employees as it provided for fair wages, reasonable hours of work, and adequate employee entitlements. As a result, the Commission approved the agreement, and the application was successful.

The Commission made orders approving the Victorian Protective Services Enterprise Agreement 2021, subject to certain conditions, and directed that the agreement be registered with the Fair Work Ombudsman. The unions and the employer were also directed to take all reasonable steps to give effect to the agreement.

Victorian Protective Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established