MSS Security Pty Limited

[2013] FWCA 4287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited
(AG2013/1268)

MSS SECURITY - UNITED VOICE VICTORIAN AVIATION SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER LEE	MELBOURNE, 1 JULY 2013

Application for approval of the MSS Security - United Voice Victorian Aviation Security Employees Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the MSS Security - United Voice Victorian Aviation Security Employees Enterprise Agreement 2013 (the Agreement). The application was made by MSS Security Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

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

[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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was made by MSS Security Pty Limited, seeking approval of the MSS Security - United Voice Victorian Aviation Security Employees Enterprise Agreement 2013. The dispute arose out of a disagreement between the applicant company and United Voice, a trade union representing the aviation security employees, regarding the terms and conditions of employment. The matter was brought before the FWC to determine whether the proposed agreement met the necessary criteria for registration under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the proposed agreement contained the required 'genuine agreement' provisions and whether it was made in accordance with the procedural requirements set out in the Act. The FWC had to assess if the agreement was genuinely negotiated between the parties, free from any duress, and whether it met the standards of good faith bargaining. Additionally, the FWC examined whether the agreement contained all the mandatory bargaining items and if it complied with the procedural fairness and good faith obligations of the parties.

In delivering the decision, the FWC noted that there was evidence of genuine agreement between the parties and that the negotiation process was conducted in good faith. The FWC was satisfied that the mandatory bargaining items were included in the agreement and that all procedural requirements were met. The FWC found that the agreement contained the necessary provisions to ensure its validity and that it met the standards required under the Act. Consequently, the FWC approved the MSS Security - United Voice Victorian Aviation Security Employees Enterprise Agreement 2013.

The FWC ordered that the MSS Security - United Voice Victorian Aviation Security Employees Enterprise Agreement 2013 be registered, effective from the date of the decision. The agreement would then be applicable to the employees covered by the enterprise, providing them with the terms and conditions as negotiated between MSS Security Pty Limited and United Voice. The registration of the agreement was to be published in the Fair Work Commission's register, making it a legally binding document for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established