| [2022] FWCA 4269 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Wilson Security Pty Ltd T/A Wilson Security
(AG2022/4657)
Wilson Security Victoria Agreement 2021
| Security services | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 6 DECEMBER 2022 |
Application for approval of the Wilson Security Victoria Agreement 2021
An application has been made for approval of an enterprise agreement known as the Wilson Security Victoria Agreement 2021 (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 T/A Wilson Security. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The United Worker’s Union, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518430 PR748600>
Annexure A
- AGLC
- Wilson Security Pty Ltd T/A Wilson Security [2022] FWCA 4269
- Case
- [2022] FWCA 4269
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the proposed agreement met the statutory criteria set out in the Fair Work Act 2009, particularly focusing on whether it was a "simple, fair and portable agreement" and if it provided employees with at least the minimum rates of pay and conditions as stipulated by the relevant award. Additionally, the Commission had to consider if the agreement contained provisions that were contrary to public policy or unjust.
The Fair Work Commission found that while the proposed agreement was simple, fair, and portable, it contained certain provisions that did not meet the "better off overall test" as required by the Fair Work Act. The Commission noted that the agreement did not adequately address some of the concerns raised by the ACTU, specifically regarding the terms of the agreement which they considered to be contrary to public policy. The Commission concluded that these provisions needed to be amended to ensure compliance with the statutory requirements. The Commission approved the agreement with certain modifications to address the identified issues.
The final orders of the Commission included the approval of the Wilson Security Victoria Agreement 2021, subject to the modifications made to ensure compliance with the statutory requirements. The Commission required the applicant to amend specific provisions to meet the "better off overall test" and ensure that they were not contrary to public policy. The agreement, as modified, was to be registered and would come into effect from the date of the Commission's decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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