Wilson Parking Australia 1992 Pty Ltd T/A Wilson Parking Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Wilson Parking Australia 1992 Pty Ltd, trading as Wilson Parking, the Fair Work Commission was presented with an application for the approval of the Wilson Security – NSW Enterprise Agreement 2013. The dispute involved the terms and conditions of employment of employees working under the agreement, specifically focusing on the classification and remuneration of certain employees. The nature of the application was to determine if the agreement met the legal standards and provisions outlined in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and equitable terms of employment, if it adhered to the provisions of the Fair Work Act, and if it appropriately balanced the interests of both employers and employees. Additionally, the Commission had to assess if the agreement was made in good faith and if it contained provisions that were not contrary to public policy. The application also raised questions about the classification of employees and the applicability of certain clauses within the agreement.

The Fair Work Commission deliberated on the arguments presented by both parties, considering the legislative framework and the principles of good faith bargaining. The Commission examined the specifics of the agreement, including the classification of employees and the provisions for remuneration and conditions of employment. After careful consideration, the Commission found that the agreement did not meet the requirements of the Fair Work Act as it failed to provide for fair and equitable terms of employment. The Commission noted that certain clauses were contrary to public policy and did not reflect the principles of good faith bargaining.

The Fair Work Commission ultimately decided not to approve the Wilson Security – NSW Enterprise Agreement 2013. The decision was based on the finding that the agreement did not adequately address the interests of employees and did not comply with the statutory requirements. The Commission's decision ensures that the agreement does not proceed until it is amended to meet the legal standards and provisions required by the Fair Work Act.

Wilson Parking Australia 1992 Pty Ltd T/A Wilson Parking

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established