DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security An SIS Group Enterprise T/A MSS Security PTY LTD
(AG2016/7624)

MSS SECURITY BHP BILLITON SA EMPLOYEE AGREEMENT 2016-2020

Security services
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the MSS Security BHP Billiton SA Employee Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security BHP Billiton SA Employee Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MSS Security An SIS Group Enterprise T/A MSS Security PTY LTD. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MSS Security An SIS Group Enterprise T/A MSS Security PTY LTD for approval of the MSS Security BHP Billiton SA Employee Agreement 2016-2020. This agreement was set to apply to employees of MSS Security who were employed by BHP Billiton SA. The application was brought to address the need for a streamlined and efficient process for approving agreements that had been negotiated between the employer and the union, in this case, the Security Industry Association (Vic) Ltd.

The central legal issue before the Commission was whether the terms of the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against the requirements set out in the Act, including ensuring that it provided for a fair and efficient system for resolving workplace disputes and that it was not likely to have an adverse effect on the Australian economy. Additionally, the Commission considered whether the agreement was in the best interests of the employees and the employer, and whether it provided for a fair and reasonable resolution of workplace issues.

In its decision, the Commission found that the proposed agreement was in compliance with the statutory criteria for approval. The Commission was satisfied that the agreement provided for a fair and efficient system for resolving workplace disputes and that it would not have an adverse effect on the Australian economy. The Commission also found that the agreement was in the best interests of both the employees and the employer, and that it provided for a fair and reasonable resolution of workplace issues. The Commission approved the agreement on the basis that it met the statutory requirements and would provide for a fair and efficient system for resolving workplace disputes.

The Commission's decision was that the proposed MSS Security BHP Billiton SA Employee Agreement 2016-2020 be approved, subject to the conditions set out in the decision. The Commission noted that the agreement provided for a streamlined and efficient process for resolving workplace disputes and that it would provide for a fair and reasonable resolution of workplace issues. The Commission also noted that the agreement was in the best interests of both the employees and the employer, and that it would provide for a fair and efficient system for resolving workplace disputes. The Commission's decision was that the agreement be approved, subject to the conditions set out in the decision.

MSS Security An SIS Group Enterprise T/A MSS 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