MSS Security Pty Ltd

Case [2015] FWCA 8318


[2015] FWCA 8318 [Note: This decision has been quashed - refer to Federal Court decision [2016] FCAFC 124 dated 23 August 2016 and Full Bench decision dated 31 January 2017 [[2017] FWCFB 651]
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

MSS Security Pty Ltd
(AG2014/10202)

MSS SECURITY QLD ENTERPRISE AGREEMENT 2014 - 2018

Security services

VICE PRESIDENT CATANZARITI

SYDNEY, 1 DECEMBER 2015

Application for approval of the MSS Security QLD Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security QLD Enterprise Agreement 2014-2018 (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 (MSS). The agreement is a single-enterprise agreement

[2] The Agreement was previously approved by the Commission in [2015] FWCA 1559 but on appeal to the full bench in matter C2015/3752, the previous approval decision was set aside on the basis that MSS would provide new undertakings that were approved by the full bench in [2015] FWCFB 6923.

[3] I have accepted the undertaking attached to this decision which has been given by the employer.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 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), 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 December 2015. The nominal expiry date of the Agreement is 31 October 2018.

VICE PRESIDENT

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Details
AGLC
MSS Security Pty Ltd [2015] FWCA 8318
Case
[2015] FWCA 8318
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicant MSS Security Pty Ltd applied for the approval of the MSS Security QLD Enterprise Agreement 2014-2018. The dispute arose from negotiations between the applicant and the respondents, MSS Security Queensland Employees Union and individual employees. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval, including compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of the Fair Work Act, particularly regarding the protection of employees' rights and interests. This involved assessing whether the agreement provided fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, hours of work, and other conditions that complied with relevant industrial instruments. The Commission also needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the MSS Security QLD Enterprise Agreement 2014-2018 met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and other employment conditions that complied with relevant industrial instruments. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, thereby satisfying the requirements of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the MSS Security QLD Enterprise Agreement 2014-2018, recognising it as a valid and binding enterprise agreement under the Fair Work Act. This decision allowed the agreement to take effect, providing a framework for the terms and conditions of employment for the relevant employees during the specified period.

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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