MSS Security Pty Ltd

Case [2014] FWCA 1572


[2014] FWCA 1572

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

MSS Security Pty Ltd
(AG2013/11959)

MSS SECURITY PTY LIMITED - UNITED VOICE - PUBLIC TRANSPORT AUTHORITY ENTERPRISE AGREEMENT 2013-2017

Security services

COMMISSIONER GREGORY

MELBOURNE, 5 MARCH 2014

Application for approval of the MSS Security Pty Limited - United Voice - Public Transport Authority Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Pty Limited - United Voice - Public Transport Authority Enterprise Agreement 2013-2017 (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Attachment A:

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Details
AGLC
MSS Security Pty Ltd [2014] FWCA 1572
Case
[2014] FWCA 1572
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the matter of MSS Security Pty Ltd was heard. The company sought approval for an enterprise agreement between itself, United Voice, and the Public Transport Authority. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The legal issues the court had to address included whether the agreement was made in good faith, whether it provided for the proper determination of terms and conditions of employment, and whether it complied with the "better off overall test." The court examined whether the agreement met the statutory requirements and whether it provided fair and reasonable terms for the employees involved. The Fair Work Commission found that the agreement was made in good faith, provided for proper determination of terms and conditions, and satisfied the "better off overall test." The court concluded that the agreement met all legal requirements and was fair and reasonable for the employees. Consequently, the court approved the MSS Security Pty Ltd - United Voice - Public Transport Authority Enterprise Agreement 2013-2017.

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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