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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional
instruments
Security Workforce Solutions Pty Ltd
(AG2023/4915)
EXECUTIVE SECURITY SOLUTIONS AGREEMENT 2009
Security services
DEPUTY PRESIDENT SAUNDERS NEWCASTLE, 6 DECEMBER 2023
Application to extend the default period for Executive Security Solutions Agreement 2009
[1] Security Workforce Solutions Pty Ltd (SWS) has applied to the Fair Work
Commission (Commission) for approval of the Executive Security Solutions Agreement 2009
(Agreement). I have raised some issues with SWS about its application for approval of the
Agreement. SWS is in the process of responding to those issues.
[2] The Agreement will, if approved, replace a ‘zombie agreement’ with the title
Executive Security Solutions Agreement 2009 (2009 CA). The 2009 CA is a collective
agreement between an employer and a group of employees.
[3] SWS has applied to the Commission to extend the default period for the 2009 CA
from 6 December 2023 until 6 January 2024, so that it continues to operate until the
application for approval of the Agreement is determined.
[4] I conducted a hearing, by telephone, earlier today in relation to the application by
SWS to extend the default period for the 2009 CA until 6 January 2024. Relevant employees
of SWS were notified of the hearing. There was no opposition to the application.
[5] I am satisfied that it is reasonable in all the circumstances to extend the default period
for the 2009 CA until 6 January 2024. SWS has made the Agreement with its employees and
is in the process of responding to the Commission about a number of concerns. There are
good prospects that those concerns will be able to be overcome by undertakings or other
appropriate measures, with the result that there are good prospects of the Agreement being
approved and commencing to operate prior to 6 January 2024. If the default period for the
2009 CA is not extended, SWS will be required to apply the appropriate modern award to its
employees for a short period of time, which would be disruptive and time consuming for both
the employees and SWS.
Conclusion
[2023] FWC 3271 [Note: A copy of the zombie agreement to which this
decision relates (AC327304) is available on our website.]
DECISION
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/agreements/approved/ac327304.pdf
[2023] FWC 3271
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[6] Pursuant to items 20A(4) and (6) of Schedule 3 to the Fair Work (Transitional
Provisions and Consequential Amendments) Act 2009), I extend the default period for the
Executive Security Solutions Agreement 2009 from 6 December 2023 until midnight on 6
January 2024 on the basis that it is reasonable in the circumstances to do so.
[7] The Agreement is published, in accordance with subitem 20A(10A)(c), on the
Fair Work Commission’s website.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AC327304 PR769116
MMISSION WORKS THE SEAL OF THE F
