MSS Security Pty Limited

[2013] FWCA 4627

[2013] FWCA 4627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

MSS Security Pty Limited
(AG2013/1721)

CHUBB SECURITY PERSONNEL AND MARITIME UNION OF AUSTRALIA PORT OF MELBOURNE CORPORATION SECURITY OFFICERS COLLECTIVE AGREEMENT, 2008

Security services
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2013

Application for termination of the Chubb Security Personnel and Maritime Union of Australia Port of Melbourne Corporation Security Officers Collective Agreement, 2008.

[1] On 28 June 2013, MSS Security Pty Limited (the Applicant) lodged an application pursuant to s.225 of the Fair Work Act 2009 (the Act), to terminate the Chubb Security Personnel and Maritime Union of Australia Port of Melbourne Corporation Security Officers Collective Agreement, 2008 (the Agreement).

[2] The Agreement has a nominal expiry date of 3 April 2011.

[3] The relevant provisions of the Act are as follows:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to FWA for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

226 When FWA must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, FWA must terminate the agreement if:

(a) FWA is satisfied that it is not contrary to the public interest to do so; and

(b) FWA considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.

227 When termination comes into operation

If an enterprise agreement is terminated under s.226, the termination operates from the day specified in the decision to terminate the agreement.”

[4] An email was received from the Maritime Union of Australia advising they did not want to be heard in the matter. Consequently, I am satisfied that it is not contrary to the public interest to terminate the Agreement and that termination of the Agreement is appropriate having regard to the circumstances of the employees and employer.

[5] The Agreement shall be terminated pursuant to s.226 of the Act. In accordance with section 227 of the Act, the termination of the agreement shall operate from the date of this decision.

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<Price code A, AC313982  PR538848>