WILSON SECURITY COURT CUSTODY SERVICES ENTERPRISE AGREEMENT 2026

Application for approval of the Wilson Security Court Custody Services Enterprise Agreement 2026

[1] An application has been made for approval of a greenfields agreement known as the Wilson Security Court Custody Services Enterprise Agreement 2026 (the Agreement). The application was made by Wilson Security Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that the Community and Public Sector Union (CPSU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 10.2.2 - Notice of termination: notes that if an Employee fails to give notice, the Company has the right to withhold monies due to the Employee to a maximum amount that is no more than one weeks' wages for the Employee. This clause does not appear to limit the source of monies which may be deducted, the effect of which is that it appears to permit the employer to withhold monies owing to the employee under the NES. This clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

  • Clause 24 - Compassionate leave: provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies, however is silent in relation to compassionate leave for stillbirth/miscarriage as provided by s.104(1)(b) and (c) of the Act.

Noting clause 2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CPSU and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2026. The nominal expiry date of the Agreement is 30 June 2028.

[7] The Agreement as originally voted on contained a delegates' rights term at clause 13 which I considered did not meet the requirements of a delegates' rights clause as defined in the Act, and in the context of the decision of the Full Bench in [2026] FWCFB 5.

[8] My Chambers wrote to the Applicant and the CPSU on 17 March, noting that I did not consider clause 13 to be a delegates' rights clause for the purposes of the Act and requesting that the parties confer and provide a revised delegates' rights clause that meets the requirements, in light of [2026] FWCFB 5. I noted that the revised clause could be given effect to via an amendment under under section 218A of the Act, as part of the agreement approval, on the basis that there is a defect in the existing clause insofar as it limits the role of workplace delegates to Employees and confines the right to reasonable communication for the purpose of 'representing' industrial interests rather than communication 'in relation to the industrial interests' of eligible workers.

[9] The final form of clause 13 was developed through further correspondence between my Chambers and the bargaining representatives, and I have been provided with a copy of the Agreement with clause 13 amended. This correspondence also indicated that the form of this proposed amendment was supported by the CPSU.

[10] There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[1] The variations in this case reflect an agreed position between the bargaining representatives to amend clause 13 of the Agreement. I am satisfied they address the defects identified and are appropriate in the circumstances.

[11] A copy of the amendments made to clause 13 is attached below at Annexure A.

[12] I am satisfied that the amendments to clause 13 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The amendments to clauses 13 are made in accordance with a corrected copy of the Agreement, filed by the Employer on 18 March 2026. The Agreement attached to this Decision is the Agreement as varied and will operate from 31 March 2026.

[1] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

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