DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virtue Security Services Pty Ltd T/A Virtue Security Services
(AG2015/6515)

VIRTUE SECURITY SERVICES PTY LTD ENTERPRISE AGREEMENT

Security services
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Virtue Security Services Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Virtue Security Services Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virtue Security Services Pty Ltd t/a Virtue Security Services. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2015. The nominal expiry date of the Agreement is 16 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Virtue Security Services Pty Ltd trading as Virtue Security Services, applied to the Fair Work Commission for the approval of an enterprise agreement. The respondents were various employees represented by the Transport Workers Union of Australia. The dispute centred on the terms and conditions of employment for the employees under the proposed agreement. The matter was heard in the Fair Work Commission, a specialist Australian federal court with jurisdiction over workplace relations matters.

The primary legal issues for the Commission to decide were whether the proposed agreement provided for the mandatory minimum entitlements required by the Fair Work Act 2009, and whether it had been genuinely negotiated. The Commission had to consider the provisions of the Act, including those relating to minimum wages and conditions, and whether the agreement complied with these requirements. Additionally, the Commission had to be satisfied that the agreement had been made genuinely and freely, without any undue influence or coercion.

The Commission examined the proposed agreement clause by clause, confirming that it met all the mandatory minimum entitlements as prescribed by the Fair Work Act. It found that the agreement provided for rates of pay and conditions of employment that were not less favourable than the applicable awards and registered agreements. The Commission also determined that the agreement had been genuinely negotiated, as evidenced by the process and documentation provided. Consequently, the Commission approved the Virtue Security Services Pty Ltd Enterprise Agreement, finding it to be in compliance with all legal requirements.

The Fair Work Commission approved the Virtue Security Services Pty Ltd Enterprise Agreement, effective from the date of the decision. The agreement now sets out the terms and conditions of employment for the employees covered by the agreement, and binds both the employer and the employees. The decision ensures that the employees receive fair and lawful terms of employment, as mandated by the Fair Work Act.

Virtue Security Services Pty Ltd T/A Virtue Security Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established