DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2020/3412)

MSS SECURITY LOY YANG ENTERPRISE AGREEMENT 2020

Security services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 DECEMBER 2020

Application for approval of the MSS Security Loy Yang Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Loy Yang Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by MSS Security Pty Ltd T/A MSS Security. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy 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.

[4] The Agreement is approved and in accordance with s 54 of the Act will operate from 9 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, MSS Security Pty Ltd, trading as MSS Security, applied for approval of the MSS Security Loy Yang Enterprise Agreement 2020. The applicant sought to have the agreement registered under the Fair Work Act 2009, ensuring it met the necessary legal standards and criteria. The dispute centred on the compliance of the proposed agreement with various provisions of the Fair Work Act, including minimum entitlements and procedural fairness.

The primary legal issues before the Commission were whether the agreement adequately provided for minimum entitlements such as wages, leave, and other conditions as stipulated under the Fair Work Act. Additionally, the Commission needed to determine if the agreement was made in accordance with the procedural requirements outlined in the Act, ensuring it was not made under duress or without proper consultation. The fairness and appropriateness of the agreement's terms, particularly concerning the classification and remuneration of employees, were also scrutinised.

The Commission found that the agreement generally met the legal requirements under the Fair Work Act. It was noted that the agreement provided for all minimum entitlements and complied with procedural fairness. The Commission was satisfied that the agreement was not made under any undue influence and that the bargaining process was conducted appropriately. Consequently, the Commission approved the MSS Security Loy Yang Enterprise Agreement 2020, allowing it to be registered and enforceable.

The Commission's decision was that the application for approval of the MSS Security Loy Yang Enterprise Agreement 2020 be granted. The agreement was deemed to comply with the Fair Work Act and was therefore registered. This decision ensures that the terms of the agreement are legally binding and can be implemented as intended by the parties involved.

MSS Security Pty Ltd T/A MSS Security

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established