DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd
(AG2020/3846)

MSS SECURITY - RESERVE BANK OF AUSTRALIA ARMED SECURITY OFFICERS' ENTERPRISE AGREEMENT 2020-2024

Security services
DEPUTY PRESIDENT CROSS	SYDNEY, 29 JANUARY 2021

Application for approval of the MSS Security - Reserve Bank of Australia Armed Security Officers' Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security - Reserve Bank of Australia Armed Security Officers’ Enterprise Agreement 2020-2024 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers' Union 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 5 February 2021. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MSS Security Pty Ltd, an employer, and the United Voice union, representing employees, sought the Fair Work Commission's approval of a proposed enterprise agreement. The nature of the dispute was the formal approval of the MSS Security - Reserve Bank of Australia Armed Security Officers' Enterprise Agreement 2020-2024. The case was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or make orders in relation to proposed enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission assessed whether the agreement complied with the statutory requirements for employee and employer representation, notice, and bargaining.

In its decision, the Fair Work Commission found that the agreement was made in good faith and met the necessary procedural requirements. The Commission noted that both parties had engaged in genuine and meaningful bargaining, and that the agreement contained the mandated minimum terms and conditions. Furthermore, the Commission concluded that the agreement was fair and reasonable, taking into account the nature of the work, the parties' bargaining positions, and the overall economic climate. Consequently, the Commission approved the proposed enterprise agreement, subject to certain minor amendments to ensure compliance with the Fair Work Act.

The Fair Work Commission made orders approving the MSS Security - Reserve Bank of Australia Armed Security Officers' Enterprise Agreement 2020-2024, with the aforementioned amendments. The approved agreement now constitutes a legally binding enterprise agreement between MSS Security Pty Ltd and the United Voice union, effective from the date of the Commission's approval.

MSS Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established