Wilson Security Pty Ltd T/A Wilson Security

[2014] FWCA 4177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wilson Security Pty Ltd T/A Wilson Security
(AG2014/1029)

WILSON SECURITY WA - PUBLIC TRANSPORT AUTHORITY (PTA) CONTRACT ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2014

Application for approval of the Wilson Security WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise Agreement known as the Wilson Security WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wilson Security Pty Ltd T/A Wilson Security. It is a single-enterprise Agreement.

[2] On reviewing the proposed Agreement the Commission sought clarification about the proposed roster cycle and the hours of work arrangements for part-time employees, including the entitlement to overtime. The employer subsequently proposed to provide an undertaking in response to these matters. The terms of the proposed undertaking provide more detail in terms of how hours will be worked over a roster cycle. It also provides additional conditions to apply to a part-time employee on engagement, and additional specification about when overtime rates will apply.

[3] The employer had also provided an undertaking previously to deal with a correction to a reference in clause 15 of the Agreement regarding the source of long service leave entitlements for the employees to be covered by the Agreement.

[4] I am satisfied that both of the proposed undertakings will not cause financial detriment to the employees who are to be covered by the Agreement. I am also satisfied they will not result in substantial changes to the Agreement. The undertakings given by the employer are accordingly accepted and their terms will form part of the Agreement. Copies are also attached to this decision.

[5] I am also satisfied that each of the other requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia, 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wilson Security Pty Ltd, trading as Wilson Security, applied to the Fair Work Commission for approval of the Wilson Security WA - Public Transport Authority (PTA) Contract Enterprise Agreement 2013. The dispute involved the terms and conditions under which Wilson Security employees were to be governed following the company's insolvency. The Fair Work Commission was tasked with ensuring that the agreement provided fair and reasonable terms for the employees affected by the insolvency.

The legal issues before the Commission included whether the proposed enterprise agreement was consistent with the requirements of the Fair Work Act 2009, particularly in terms of providing for the protection of employee entitlements and the proper operation of the workplace. The Commission needed to determine whether the agreement adequately addressed the needs of the employees, considering the insolvency of Wilson Security, and whether it complied with the statutory obligations under the Fair Work Act.

The Commission found that the proposed enterprise agreement did not adequately protect the entitlements of employees in the event of the employer's insolvency. Specifically, the agreement did not provide for the continuation of employment or the payment of entitlements such as redundancy payments and final pay. The Commission was concerned that the agreement might not fully comply with the statutory protections afforded to employees under the Fair Work Act. Consequently, the application for approval was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation to address the identified deficiencies.

The Fair Work Commission directed that Wilson Security and the PTA return to the negotiating table to develop a revised agreement that properly safeguards employee entitlements and meets the requirements of the Fair Work Act. The Commission emphasised the importance of ensuring that employees receive the protections to which they are legally entitled, particularly in the context of an employer's insolvency.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established