Wilson Security Pty Ltd T/A Wilson Security
[2025] FWCA 2090
•4 JULY 2025
| [2025] FWCA 2090 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Wilson Security Pty Ltd T/A Wilson Security
(AG2025/1843)
WILSON SECURITY RTBU & TWU WA - PUBLIC TRANSPORT AUTHORITY (PTA) CONTRACT ENTERPRISE AGREEMENT 2025
| Security services | |
| COMMISSIONER LIM | PERTH, 4 JULY 2025 |
Application for approval of the Wilson Security RTBU & TWU WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2025.
Wilson Security Pty Ltd T/A Wilson Security (the Applicant) has made an application for the approval of an enterprise agreement known as the name of agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is ‘Wilson Security WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2025’ whilst the Agreement title in clause 1.1 is ‘Wilson Security, RTBU & TWU WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2025’. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a)Clause 20.1 states that Parental Leave is provided for in the NES and the Wilson Group's Parental Leave Policy. A copy of this policy has not been lodged with the Commission as such; it is unclear if the policy aligns with the Act.
(b)The entitlement to compassionate leave provided by clause 18.2 of the Agreement does not appear to be triggered after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s 105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s 105(1)(c) of the Act.
(c)Clause 21.1 provides that family and domestic violence leave is provided for in the NES and the Wilson Group Leave Policy & Procedural Guidelines. A copy of this policy has not been lodged with the Commission as such; it is unclear if the policy aligns with the Act.
However, I am satisfied that under clause 4.6 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Rail, Tram and Bus Industry Union and the Transport Workers' Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.
The Agreement was approved on 4 July 2025 and, in accordance with s 54, will operate from 11 July 2025. The nominal expiry date of the Agreement is 11 July 2028.
COMMISSIONER
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Annexure A
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