Wilson Parking Australia 1992 Pty Ltd T/A Wilson Parking

[2013] FWCA 5715

[2013] FWCA 5715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Parking Australia 1992 Pty Ltd T/A Wilson Parking
(AG2013/1470)

WILSON SECURITY - NSW ENTERPRISE AGREEMENT 2013

Security services
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 16 AUGUST 2013

Application for approval of the Wilson Security - NSW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Security - NSW Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning a number of clauses in the agreement has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] I should note that I had two conferences with the employer and United Voice to address the better off overall test. I was particularly concerned about a reduction in the rate to be paid for some periods of overtime. Calculations were made identifying each of the possible rostering scenarios. In each case the calculations reflected that the employees would be better off overall.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 23 August 2013. The nominal expiry date of the Agreement is 23 August 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

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