MSS Security Pty Ltd

[2014] FWCA 8229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd
(AG2014/7691)

MSS SECURITY AVIATION QLD ENTERPRISE AGREEMENT 2014-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the MSS Security Aviation QLD Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Aviation QLD Enterprise Agreement 2014-2017 (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] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] 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.

[4] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation 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 28 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, MSS Security Pty Ltd applied for approval of the MSS Security Aviation QLD Enterprise Agreement 2014-2017. The application was opposed by the Australian Council of Trade Unions and the Transport Workers Union. The dispute centred around the terms and conditions of employment for aviation security screeners and the adequacy of the proposed agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum rates of pay, safety net entitlements, and whether it was likely to achieve improved productivity, efficiency, or profitability without disadvantaging employees. The Commission also needed to consider the views of employees as expressed through the ballot process.

The Commission found that the proposed agreement met the legal requirements. It provided for minimum rates of pay and safety net entitlements, and the ballot results demonstrated that a majority of employees supported the agreement. The Commission was satisfied that the agreement would lead to improved productivity and efficiency without disadvantaging employees. The application for approval was therefore approved.

The Fair Work Commission approved the MSS Security Aviation QLD Enterprise Agreement 2014-2017, subject to the terms and conditions specified in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established