MSS Security Pty Limited Summary

[2013] FWCA 8854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited
(AG2013/2898)

MSS SECURITY CROWN CASINO SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2013

Application for approval of the MSS Security Crown Casino Security Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Crown Casino Security Employees Enterprise Agreement 2013 (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] 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), 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 18 November 2013. The nominal expiry date of the Agreement is 11 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSS Security Pty Limited, the respondent, sought approval for the MSS Security Crown Casino Security Employees Enterprise Agreement 2013. The applicant, the Australian Building and Construction Commission, opposed the approval on the basis that the agreement contained provisions that were not consistent with the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The legal issues for the court to determine were whether the provisions in question were contrary to the Act and whether they should be disallowed. The court examined each provision in light of the statutory requirements, focusing on whether the provisions adhered to the fundamental minimum standards and whether they unfairly disadvantaged any party.

The court found that certain provisions of the agreement did not comply with the Act. Specifically, the court identified issues with the provisions concerning the classification and pay rates of certain employees, which it found to be inconsistent with the minimum standards set out in the Act. Additionally, the court noted that the agreement contained provisions that were overly restrictive and could potentially disadvantage employees by limiting their rights and protections. Based on these findings, the court decided to disallow those specific provisions of the agreement.

As a result, the court approved the agreement but with modifications to exclude the non-compliant provisions. The decision ensures that the agreement aligns with the statutory requirements and provides a fair and balanced outcome for both the employer and employees. The final orders included the approval of the enterprise agreement with the specified provisions disallowed and removed from the agreement.

MSS Security Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established