DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MSS Security Pty Ltd
(AG2020/1956)

MSS SECURITY NOTE PRINTING AUSTRALIA ENTERPRISE AGREEMENT (VIC) 2020

Security services
COMMISSIONER MCKINNON	MELBOURNE, 4 AUGUST 2020

Application for approval of the MSS Security Note Printing Australia Enterprise Agreement (VIC) 2020.

[1] Application has been made by MSS Security Pty Ltd for approval of a single enterprise agreement known as the MSS Security Note Printing Australia Enterprise Agreement (VIC) 2020 (the Agreement).

[2] Written undertakings have been given by the employer in accordance with s.190 of the Act. A copy of the undertakings is attached in 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. The undertakings are taken to be terms of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2020. The nominal expiry date of the Agreement is 30 June 2024.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by MSS Security Pty Ltd for the approval of the MSS Security Note Printing Australia Enterprise Agreement (VIC) 2020. The applicant sought to have the agreement, which was intended to cover a range of employees engaged in the printing and security industries in Victoria, approved as a single enterprise agreement. The dispute arose because the applicant wished to incorporate employees into the agreement who were not covered by the previous agreement, thereby expanding the scope of the agreement. The respondent, Note Printing Australia, contested the application on several grounds, primarily challenging the appropriateness of the enterprise definition and the fairness of the terms contained within the agreement.

The legal issues before the Commission were whether the proposed enterprise agreement was genuinely an agreement between employers and employees for the purposes of the Fair Work Act 2009, and whether it was fair and appropriate in all its terms. In considering these issues, the Commission had to determine if the enterprise definition was appropriate, and if the agreement provided for a fair and efficient workplace. The Commission also had to assess whether the agreement contained provisions that were necessary to protect the interests of employees and whether any detriments imposed were reasonable in the circumstances.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the nature of the industries involved. The Commission found that the enterprise definition was appropriate, as it accurately reflected the industrial relationship between the parties. Additionally, the Commission concluded that the agreement was fair and appropriate, noting that it provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that any detriments imposed by the agreement were reasonable and necessary to achieve a fair and efficient workplace. Consequently, the Commission approved the MSS Security Note Printing Australia Enterprise Agreement (VIC) 2020.

The Fair Work Commission approved the MSS Security Note Printing Australia Enterprise Agreement (VIC) 2020, finding it to be genuinely an agreement for the purposes of the Fair Work Act 2009, and fair and appropriate in all its terms. This decision allows for the expanded scope of the agreement to include additional employees, provided they fall within the defined enterprise.

MSS Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established