DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Limited T/A MSS Security
(AG2014/9995)

MSS SECURITY ESSO GIPPSLAND SITES SECURITY OFFICERS ENTERPRISE AGREEMENT, 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2014

Application for approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security ESSO Gippsland Sites Security Officers 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 Construction, Forestry, Mining and Energy 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 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MSS Security Pty Limited trading as MSS Security, sought approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2014, from the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved. The Australian Council of Trade Unions (ACTU) contested the application, raising concerns about the agreement's provisions, particularly regarding the classification of employees and the terms of employment.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a "single interest" enterprise agreement, if it had been fairly negotiated, and if it met the "better off overall test." The Commission also considered whether the agreement provided for the appropriate classification and remuneration of employees, as well as whether it included provisions that were contrary to public policy or unfair.

In delivering its decision, the Commission found that the agreement was a "single interest" enterprise agreement and had been fairly negotiated. The Commission approved the agreement, noting that it met the "better off overall test" and did not include any provisions that were contrary to public policy or unfair. The Commission made some minor amendments to the agreement to ensure compliance with the Fair Work Act, but these did not affect the overall outcome.

The Fair Work Commission approved the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2014, with minor amendments. The Commission found that the agreement was a "single interest" enterprise agreement, had been fairly negotiated, and met the "better off overall test." The Commission also found that the agreement did not include any provisions that were contrary to public policy or unfair. The applicant was directed to provide the Commission with a copy of the approved agreement within 28 days of the decision.

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