DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Security Pty Ltd
(AG2015/3837)

UNITED VOICE AND WILSON SECURITY VICTORIA MOBILE SERVICES & SECURE LOGISTICS SAFEGUARD AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 16 JULY 2015

Application for approval of the United Voice and Wilson Security Victoria Mobile Services & Secure Logistics Safeguard Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the United Voice and Wilson Security Victoria Mobile Services & Secure Logistics Safeguard Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wilson Security Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Wilson Security Pty Ltd seeking approval for the United Voice and Wilson Security Victoria Mobile Services & Secure Logistics Safeguard Agreement 2014. The application was brought under the Fair Work Act 2009, specifically seeking approval of the agreement which outlined the terms and conditions of employment for certain employees of Wilson Security. The dispute arose as the agreement had been made but had not yet received the necessary approval from the Fair Work Commission, which is a prerequisite for its enforcement.

The legal issues central to this case revolved around the interpretation and application of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The primary concern was whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it had been genuinely agreed upon by the parties involved. Additionally, the court needed to assess whether the agreement complied with the provisions of the Act, including any relevant thresholds and processes.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It was concluded that the agreement was fair and reasonable in all its terms, as it provided for a comprehensive set of employment conditions that balanced the interests of both the employer and the employees. The Commission also determined that the agreement had been genuinely agreed upon by the relevant parties, as evidenced by the negotiations and consultations that took place. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, and therefore, the application for approval was granted.

The final orders of the Fair Work Commission included the approval of the United Voice and Wilson Security Victoria Mobile Services & Secure Logistics Safeguard Agreement 2014, effective from the date of the decision. The agreement was to be registered and published in accordance with the requirements of the Fair Work Act, ensuring its enforceability and availability to the relevant parties. This decision provides clarity and certainty for Wilson Security and its employees regarding the terms and conditions of their employment, as well as reinforcing the importance of adhering to the statutory processes for the approval of enterprise agreements.

Wilson Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established