DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited T/A MSS Security
(AG2014/10684)

MSS SECURITY VIRIDIAN GLASS ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2015

Application for approval of the MSS Security Viridian Glass Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Viridian Glass Enterprise Agreement 2014 (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 T/A MSS Security. 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 Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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.

[4] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSS Security Pty Limited, trading as MSS Security, applied to the Fair Work Commission for the approval of the MSS Security Viridian Glass Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for employees within the Viridian Glass enterprise, including issues of wages, working conditions, and dispute resolution mechanisms.

The primary legal issues that the Commission needed to address involved whether the agreement complied with the provisions of the Fair Work Act, including the requirements for a fair and portable agreement. The Commission had to determine if the agreement met the criteria for being a simple, fair, and portable agreement, which includes considerations such as procedural fairness, the adequacy of the terms, and whether the agreement appropriately balances the interests of the employees and the employer.

The Fair Work Commission found that the agreement was procedurally fair and met the criteria for being a simple, fair, and portable agreement. The Commission was satisfied that the agreement was entered into after proper consultation and negotiation, and the terms were appropriate and balanced. The Commission noted that the agreement included provisions that were no less favourable than the relevant award and provided adequate mechanisms for dispute resolution. As a result, the Commission approved the MSS Security Viridian Glass Enterprise Agreement 2014, allowing it to be registered and enforceable.

No additional orders were made beyond the approval of the enterprise agreement. The decision concluded that the agreement complied with the necessary statutory requirements and was thus suitable for registration under the Fair Work Act.

MSS Security Pty Limited T/A MSS Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established