Application by ACKS Legacy Pty Limited
Citation: [2026] FWC 2457
At a glance
- Employees affected
- 1
What happened
ACKS Legacy Pty Limited, trading as Secom Technical Services Pty Limited from January 2027, applied to the Fair Work Commission for an order. The application sought to extend the existing Secom Technical Services Pty Limited Single Enterprise Agreement 2024 to cover new employees who perform work previously done by STS and aren't transferring with the business. An organisational restructure saw STS employees offered employment with Secom Technical Services, transitioning on January 1, 2027. The aim was to replace coverage under the Electrical, Electronic and Communications Contracting Award 2020 for these new employees. One non-transferring employee was affected; their views weren't provided.
What was decided
The Fair Work Commission granted ACKS Legacy Pty Limited’s application. This means the Secom Technical Services Pty Limited Single Enterprise Agreement 2024 will now cover new, non-transferring employees performing work previously done by STS. The Commission considered factors including administrative efficiency, employee benefits and potential economic disadvantage. It found that extending the agreement would not disadvantage any employees and aligns with previous decisions regarding the agreement’s ‘better off overall test’. A formal order (PR811583) was issued.
What it means for employers
Employers undergoing business restructures should consider how existing enterprise agreements will apply to new or non-transferring employees. Aligning terms and conditions under a single industrial instrument can improve administrative efficiency and ensure consistency for employees performing similar work. Assessing the impact on costs is important, but not necessarily prohibitive.
What it means for employees
Employees starting employment with a business undergoing restructuring should be aware of which industrial instruments (awards or agreements) will cover their roles. Being covered by an enterprise agreement may provide better terms and conditions than an award.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →