DECISION

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

MSE Security Pty Ltd
(AG2014/8393)

MSE SECURITY PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 DECEMBER 2014

Application for approval of the MSE Security Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MSE Security Pty Ltd Single 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 MSE Security Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“It is confirmed that MSE Security Pty Ltd will ensure that the default superannuation fund offered will be the MySuper approved fund, CBus.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 December 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MSE Security Pty Ltd, sought approval of a Single Enterprise Agreement in the Fair Work Commission. The respondents were various unions. The dispute centred on the terms and conditions of employment for MSE Security Pty Ltd's employees. The Fair Work Commission was tasked with determining whether the proposed agreement was suitable for approval.

The primary legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment. The court also needed to examine whether the agreement included appropriate mechanisms for resolving disputes and whether it complied with the principles of the Fair Work Act.

The Fair Work Commission examined the agreement clause by clause, considering the fairness and reasonableness of the proposed terms and conditions. The Commission concluded that the agreement was fair and reasonable, providing for appropriate mechanisms for resolving disputes and adhering to the principles of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and covered all relevant aspects of employment.

The Fair Work Commission approved the MSE Security Pty Ltd Single Enterprise Agreement 2014. The decision confirmed that the agreement met the legal requirements for approval and would now apply to the employees of MSE Security Pty Ltd.

MSE Security 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