| [2018] FWCA 7635 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MSS Security Pty Ltd
(AG2018/2948)
MSS SECURITY PTY LIMITED - UNITED VOICE - PERTH AIRPORT - ENTERPRISE AGREEMENT 2017
Security services | |
COMMISSIONER GREGORY | MELBOURNE, 17 DECEMBER 2018 |
Application for approval of the MSS Security Pty Limited - United Voice - Perth Airport - Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the MSS Security Pty Limited - United Voice - Perth Airport - Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. 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.
[3] Subject to the undertakings 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[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) 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 14 January 2019. The nominal expiry date of the Agreement is 30 September 2020.
COMMISSIONER
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Annexure A
- AGLC
- MSS Security Pty Ltd [2018] FWCA 7635
- Case
- [2018] FWCA 7635
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the agreement satisfied the requirements of section 230 of the Fair Work Act. This section mandates that an enterprise agreement must provide for terms and conditions of employment that are no less favourable than the applicable award. The Commission had to determine whether the agreement met this criterion, and if so, whether it also satisfied the other requirements for approval under the Act.
The Commission found that the agreement did provide for terms and conditions of employment that were at least as favourable as the applicable award, thereby satisfying section 230. The agreement also met the other criteria for approval, including being appropriately certified and meeting the good faith bargaining requirement. Given these findings, the Commission approved the agreement. The decision highlighted the importance of ensuring that enterprise agreements do not disadvantage employees by providing terms and conditions that are less favourable than those provided for in the relevant award.
The Fair Work Commission approved the MSS Security Pty Limited – United Voice – Perth Airport Enterprise Agreement 2017, confirming that it met all the necessary legal requirements for approval. This decision underscores the importance of ensuring that enterprise agreements provide at least the minimum protections set out in the applicable award, while also allowing for flexibility in the negotiation of employment terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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