DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MSE Security Pty Ltd
(AG2019/2458)

MSE SECURITY PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 1 OCTOBER 2019

Application for approval of the MSE Security Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the MSE Security Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSE Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings signed on 9 September 2019, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 October 2019. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

MSE Security Pty Ltd recently came before the Fair Work Commission in an application for the approval of the MSE Security Pty Ltd Single Enterprise Agreement 2019. The application was brought by the company, which sought to have the agreement approved under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for the workers covered by the agreement and the processes by which the agreement was developed.

The legal issues that the Commission was required to decide included whether the agreement had been genuinely negotiated, whether it complied with the requirements of the Fair Work Act, and if it met the ‘better off overall test’ for employees. The company argued that the agreement had been fairly negotiated and contained terms that were beneficial to both the employees and the employer. The Commission had to examine the evidence and arguments presented to determine if the agreement met the statutory criteria.

In its reasoning, the Commission examined the evidence provided to demonstrate the negotiation process and the manner in which the agreement was developed. It considered the submissions from both parties regarding the fairness and compliance of the agreement. The Commission found that the agreement had been genuinely negotiated and met the requirements of the Act, including the better off overall test. Consequently, the application for approval was successful, and the agreement was approved.

The final orders included the approval of the MSE Security Pty Ltd Single Enterprise Agreement 2019, which would now be binding on the employees and the employer. The agreement would govern the terms and conditions of employment for the specified period, providing a framework for industrial relations within the company.

MSE Security Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established