MSS Group Pty Ltd

[2025] FWCA 1398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MSS Group Pty Ltd

(AG2025/1146)

MSS GROUP PTY LTD ENTERPRISE AGREEMENT 2025-2029

Building services
COMMISSIONER CRAWFORD	SYDNEY, 29 APRIL 2025

Application for approval of the MSS Group Pty Ltd Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the MSS Group Pty Ltd Enterprise Agreement 2025 - 2029 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by MSS Group Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will ensure employees can access NES compassionate leave entitlements relating to stillbirth and miscarriage, which are not referred to in the Agreement.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 29 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSS Group Pty Ltd was the applicant seeking approval of an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by the Fair Work Commission. The applicant sought approval for an enterprise agreement that was intended to cover a period from 2025 to 2029. The union contested certain provisions, arguing that they did not comply with the statutory requirements under the Fair Work Act 2009. The union raised issues regarding the clarity and fairness of specific clauses, and whether the agreement adequately protected employee rights.

The commission considered whether the provisions in dispute met the legal standards set out in the Fair Work Act, including the requirement for the agreement to be fair and reasonable. The commission examined the specific clauses contested by the union, assessing whether they met the criteria for being fair and reasonable. The commission also considered the submissions from both parties, evaluating the arguments presented regarding the provisions' compliance with the law. Ultimately, the commission found that the contested clauses were not fair and reasonable, and therefore did not meet the statutory requirements.

As a result of the findings, the commission did not approve the enterprise agreement. The commission noted that the agreement could be amended to address the issues identified and resubmitted for approval. The commission's decision focused on the need for the agreement to comply with the statutory requirements and ensure that it was fair and reasonable for all parties involved. The commission's decision provided clarity on the legal standards that must be met for an enterprise agreement to be approved, emphasising the importance of fairness and reasonableness in the bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established