DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MDG Security Services Pty Ltd
(AG2014/7840)

MDG SECURITY SERVICES PTY LTD (CASUAL EMPLOYEES) ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 11 DECEMBER 2014

Application for approval of the MDG Security Services Pty Ltd (Casual Employees) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MDG Security Services Pty Ltd (Casual Employees) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MDG Security Services Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 17 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MDG Security Services Pty Ltd, applied for approval of an enterprise agreement that would apply to its casual employees. The respondent, the Australian Council of Trade Unions, opposed the application, raising concerns about the fairness and adequacy of the proposed agreement. The central issue before the Commission was whether the proposed agreement met the legal standards for fairness and compliance with the relevant industrial legislation.

The Commission examined whether the agreement contained all the mandated terms and conditions and whether it was free from any unfair content. The applicant argued that the agreement was fair and reasonable, providing appropriate protections and benefits for the casual employees. The respondent, however, contended that the agreement failed to adequately protect the interests of the employees, particularly in relation to pay rates, leave entitlements, and other conditions of employment. The Commission considered the arguments presented by both parties and reviewed the content of the agreement in detail.

After thorough consideration, the Commission found that the proposed agreement contained all the required terms and conditions and did not include any unfair content. The Commission concluded that the agreement provided a fair and reasonable framework for the employment of casual employees, taking into account the specific nature of their employment. Accordingly, the application for approval was granted, and the MDG Security Services Pty Ltd (Casual Employees) Enterprise Agreement 2014 was approved.

MDG Security Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established