MSS Security Pty Ltd

[2015] FWCA 1559

[2015] FWCA 1559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd
(AG2014/10202)

MSS SECURITY QLD ENTERPRISE AGREEMENT 2014-2018

Security services
COMMISSIONER GREGORY	MELBOURNE, 9 APRIL 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 is made under s.185 of the Fair Work Act 2009 (the Act) by MSS Security Pty Ltd (“MSS”). It is a single-enterprise agreement.

[2] On 31 March 2015 the Commission handed down a decision dealing with four particular grounds of objection to approval of the proposed Agreement raised by United Voice, a bargaining representative for the proposed Agreement. The decision referred in conclusion to undertakings proposed to be provided by the Applicant and indicated in conclusion:

“[58] I am satisfied that these undertakings will not disadvantage any employee, nor do they substantially change the terms and conditions contained in the proposed Agreement. In the event MSS provides these signed undertakings within 7 days of the date of this decision I am prepared to accept those undertakings in accordance with the provisions contained in s.190 of the Act. They will then operate as a term of the Agreement.” 1

[3] Those undertakings have now been provided by MSS and are, accordingly, accepted on the basis set out above. They will now operate as a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and s.190, as are relevant to this application, 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) it is noted that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Attachment A:

 1   [2015] FWC 2283 at [58]

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