DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Security Pty Ltd T/A Wilson Security
(AG2017/5342)

WILSON SECURITY (LUGGAGE HALL OPERATORS VIC) ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 15 MAY 2018

Application for approval of the Wilson Security (Luggage Hall Operators VIC) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wilson Security (Luggage Hall Operators VIC) Enterprise Agreement 2017 (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.

[2] 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.

[3] 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.

[4] The Australian Rail, Tram and Bus Industry 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wilson Security Pty Ltd, trading as Wilson Security, applied for the approval of the Wilson Security (Luggage Hall Operators VIC) Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement had been genuinely bargained and if it complied with the procedural and substantive fairness requirements.

The legal issues central to this case involved examining the process through which the enterprise agreement was negotiated, whether it was genuinely bargained and if it complied with the statutory provisions regarding procedural fairness. Additionally, the court had to ensure the agreement met the requirements for substantive fairness, including whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement had been genuinely bargained and that all procedural fairness requirements had been satisfied. The commission considered the process of negotiation, the engagement of relevant parties, and the transparency of the agreement's terms. As for substantive fairness, the commission assessed whether the terms of the agreement provided for fair and reasonable conditions of employment. It found that the agreement did not unfairly disadvantage any party and that it met the criteria for approval.

The Fair Work Commission approved the Wilson Security (Luggage Hall Operators VIC) Enterprise Agreement 2017. This decision was based on the evidence presented, which demonstrated that the agreement had been genuinely bargained and met all statutory requirements for approval.

Wilson Security Pty Ltd T/A Wilson Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established