DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd
(AG2020/2120)

MSS SECURITY ESSO GIPPSLAND SITES SECURITY OFFICERS ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 AUGUST 2020

Application for approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2020.

[1] MSS Security Pty Ltd has applied for approval of a single enterprise agreement known as the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] MSS Security Pty Ltd sought to correct a typographical error and amend the original application, by filing an amended application and amended Agreement. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Construction, Forestry, Maritime, Mining and Energy Union (Mining & Energy Division - Victorian District), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 27 August 2020 and, in accordance with s.54, will operate from 3 September 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, MSS Security Pty Ltd, sought approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2020. The dispute centred around the terms and conditions of employment for security officers employed by MSS Security at various ESSO Gippsland sites. The Commission was required to determine whether the proposed agreement met the statutory requirements for registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for minimum entitlements as stipulated by the Act, did not include prohibited content, and had been genuinely agreed upon by the parties. Additionally, the Commission needed to assess if the agreement met the criteria for simplicity, clarity, and accessibility as required by the Fair Work Regulations 2009.

The Commission found that the proposed agreement provided for all the minimum entitlements required by the Act and did not include any prohibited content. It was also satisfied that the agreement had been genuinely negotiated between MSS Security and the relevant employee representatives. The Commission further determined that the agreement met the requirements for simplicity, clarity, and accessibility. Consequently, the Commission approved the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2020 for registration.

The Fair Work Commission approved the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2020 for registration. The agreement was registered on 21 June 2021 and will apply to the relevant employees from that date.

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