MSS Security Pty Ltd

[2015] FWCA 5175

[2015] FWCA 5175

The attached document replaces the document previously issued with the above code on 10 September 2015.

A spelling error in the title has been corrected.

Associate to Commissioner Gregory

Dated 16 September 2015

[2015] FWCA 5175

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

MSS Security Pty Ltd
(AG2015/3907)

CHUBB BHP - (PORT HEDLAND) ENTERPRISE AGREEMENT 2002 FOR EMERGENCY SERVICES/SECURITY OFFICERS

Security services
COMMISSIONER GREGORY	MELBOURNE, 10 SEPTEMBER 2015

Application for termination of the Chubb BHP - (Port Hedland) Enterprise Agreement 2002 for Emergency Services / Security Officers.

[1] On 10 July 2015 MSS Security Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”)to terminate the Chubb BHP - (Port Hedland) Enterprise Agreement 2002 for Emergency Services / Security Officers (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the Fair Work Act 2009 and based on the material that is before me (which includes submissions from the Employer), I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the Fair Work Act 2009, the termination will take effect from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AG816616  PR569948>