DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited
(AG2021/5389)

MSS SECURITY BHP SA EMPLOYEE AGREEMENT 2020-2024

Security services
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2021

Application for approval of the MSS Security BHP SA Employee Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security BHP SA Employee Agreement 2020-2024 (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 Pty Limited. 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 United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSS Security Pty Limited lodged an application with the Fair Work Commission for approval of the MSS Security BHP SA Employee Agreement 2020-2024. The applicant argued that the agreement was appropriate for making a safety net award, as it provided for terms and conditions that were no less favourable than those provided by the applicable safety net award. BHP, an interested party, opposed the application, contending that the agreement did not provide for a number of conditions that were required by the applicable safety net award, and thus should not be approved.

The Commission considered whether the agreement provided for terms and conditions that were no less favourable than those provided by the applicable safety net award. The Commission noted that the applicant had provided evidence that the agreement provided for terms and conditions that were at least as favourable as those provided by the applicable safety net award. The Commission also noted that the agreement provided for a number of conditions that went beyond those provided by the applicable safety net award. Accordingly, the Commission was satisfied that the agreement provided for terms and conditions that were no less favourable than those provided by the applicable safety net award.

Accordingly, the Commission approved the MSS Security BHP SA Employee Agreement 2020-2024 as a safety net award. The applicant's application was therefore successful.

MSS Security Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established