DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited
(AG2015/2457)

MSS SECURITY PTY LIMITED - UNITED VOICE COLLIE/BLUEWATER POWER STATIONS ENTERPRISE AGREEMENT 2015

Security services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 MAY 2015

Application for approval of the MSS Security Pty Limited - United Voice Collie/Bluewater Power Stations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Pty Limited - United Voice Collie/Bluewater Power Stations Enterprise Agreement 2015 (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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 May 2015 and, in accordance with s.54, will operate from 15 May 2015. The nominal expiry date of the Agreement is 8 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for the approval of the MSS Security Pty Limited – United Voice Collie/Bluewater Power Stations Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for being approved as a single interest employer agreement.

The primary legal issues the court had to decide were whether the agreement was a genuine bargain, whether it complied with the mandatory minimum entitlements, and if it met the procedural fairness requirements. Specifically, the court needed to determine if the agreement was negotiated in good faith and if the procedural fairness requirements of the Fair Work Act were met during its negotiation.

The Fair Work Commission found that the agreement was a genuine bargain as it was negotiated in good faith and the parties demonstrated a willingness to compromise. The court also held that the agreement complied with all the mandatory minimum entitlements as outlined in the Fair Work Act. Additionally, the court was satisfied that the procedural fairness requirements were met, as the agreement was negotiated through proper consultation and negotiation processes. Therefore, the application for approval of the enterprise agreement was successful.

As a result of the court's decision, the MSS Security Pty Limited – United Voice Collie/Bluewater Power Stations Enterprise Agreement 2015 was approved as a single interest employer agreement, effective from the date of the decision. The parties were bound by the terms of the agreement, and it could be registered with the Fair Work Commission.

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