DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walk Industrial Services Pty Ltd T/A Walk Industrial Services
(AG2017/4158)

TOTAL CONTROL SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017-2021

Security services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2018

Application for approval of the Total Control Services Pty Ltd Enterprise Bargaining Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Total Control Services Pty Ltd Enterprise Bargaining Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walk Industrial Services Pty Ltd T/A Walk Industrial 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 26 February 2018. The nominal expiry date of the Agreement is 18 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Walk Industrial Services Pty Ltd T/A Walk Industrial Services, a party to an enterprise bargaining agreement, applied for approval of the Total Control Services Pty Ltd Enterprise Bargaining Agreement 2017-2021. The application was made in the Fair Work Commission. The dispute arose from the contention that the agreement did not adequately address certain terms and conditions of employment, particularly concerning employee entitlements and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of providing for fair and reasonable terms and conditions. The Commission had to assess the fairness of the agreement, including whether it allowed for effective negotiation and dispute resolution. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions, including whether it allowed for effective negotiation and dispute resolution.

The Commission found that the Total Control Services Pty Ltd Enterprise Bargaining Agreement 2017-2021 was fair and reasonable, meeting the statutory requirements. The agreement was considered to provide for fair and reasonable terms and conditions, and it allowed for effective negotiation and dispute resolution. The Commission was satisfied that the agreement adequately addressed the terms and conditions of employment, and thus approved the agreement.

The Commission approved the Total Control Services Pty Ltd Enterprise Bargaining Agreement 2017-2021. The decision was made on the basis that the agreement was fair and reasonable, and provided for effective negotiation and dispute resolution. The approval is effective from the date of the Commission's decision.

Walk Industrial Services Pty Ltd T/A Walk Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established