Wilson Security Pty Ltd

[2024] FWCA 989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wilson Security Pty Ltd

(AG2024/589)

WILSON SECURITY MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2024

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MARCH 2024

Application for approval of the Wilson Security Melbourne Airport Enterprise Agreement 2024

Wilson Security Pty Ltd has made an application for approval of an enterprise agreement known as the Wilson Security Melbourne Airport Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), 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 the UWU.

The Agreement was approved on 20 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Wilson Security Pty Ltd for the approval of the Wilson Security Melbourne Airport Enterprise Agreement 2024. The application was made under the Fair Work Act 2009, seeking to secure the agreement as a registered instrument, effective from 1 April 2024. The applicant argued that the agreement was made in good faith and that the necessary procedural requirements were fulfilled. The application was contested by the Department of Employment, which raised concerns about whether the agreement adequately addressed the interests of the employees and if the required consultation processes were properly followed.

The central legal issue for the commission was to determine if the enterprise agreement met the statutory criteria for registration, including whether it was made in good faith, provided for the proper protection of employees' interests, and followed the necessary procedural requirements. The commission also had to assess if the agreement was fair and reasonable, and whether it complied with the procedural requirements set out in the Fair Work Act. Furthermore, the commission needed to consider whether there was sufficient consultation and negotiation between the parties involved in the agreement.

In reaching its decision, the commission examined the evidence and submissions provided by both the applicant and the Department of Employment. The commission found that the agreement was made in good faith and that the necessary consultation and negotiation processes were adequately followed. The commission also determined that the agreement provided for the proper protection of employees' interests, including provisions for minimum terms and conditions, dispute resolution, and employee representation. The commission concluded that the agreement met the statutory criteria for registration and approved the application. Consequently, the Wilson Security Melbourne Airport Enterprise Agreement 2024 was registered as a certified agreement under the Fair Work Act.

The final orders of the commission included the approval and registration of the Wilson Security Melbourne Airport Enterprise Agreement 2024 as a certified agreement, effective from 1 April 2024. The commission also directed that the agreement be published on the Fair Work Ombudsman's website and that it be provided to the Department of Employment for inclusion in its database of registered agreements. The commission's decision was binding on the parties and would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established