MSS Security Pty Ltd

[2013] FWCA 6879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MSS Security Pty Ltd
(AG2013/8776)

MSS SECURITY PTY LIMITED - UNITED VOICE - PERTH AIRPORT (WA) - ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER CLOGHAN	PERTH, 11 SEPTEMBER 2013

Application for approval of the MSS Security Pty Limited - United Voice - Perth Airport (WA) - Enterprise Agreement 2013.

[1] On 28 August 2013, MSS Security Pty Ltd made application for approval of a single enterprise agreement to be known as the MSS Security Pty Limited - United Voice - Perth Airport (WA) - Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 19 August 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] United Voice has declared that United Voice was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 18 September 2013.

[7] The nominal expiry date of this Agreement is 10 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, MSS Security Pty Ltd, sought approval of their Enterprise Agreement 2013 with United Voice, an Australian trade union representing employees at Perth Airport in Western Australia. The dispute centred around whether the proposed agreement was genuinely an enterprise agreement as required by the Fair Work Act 2009. The applicants argued that the agreement was a genuine enterprise agreement, while the respondents contested its validity.

The primary legal issue the Fair Work Commission had to address was whether the agreement met the criteria set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made between an employer and employees, genuinely represented by a union, and not containing any terms that were prohibited or unenforceable. The Commission also considered whether the agreement was made in good faith and without duress.

After thorough consideration, the Fair Work Commission concluded that the proposed agreement did indeed meet the necessary criteria. The Commission found that the agreement was made between the employer and the employees, and that the union genuinely represented the employees. Additionally, the Commission was satisfied that the agreement was made in good faith and contained no terms that were prohibited or unenforceable. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the MSS Security Pty Limited - United Voice - Perth Airport (WA) - Enterprise Agreement 2013. This decision effectively resolves the dispute between the applicants and respondents, confirming the agreement's validity and allowing it to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established