DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2019/1264)

MSS SECURITY PTY LTD PUBLIC TRANSPORT AUTHORITY ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER WILLIAMS	PERTH, 21 JUNE 2019

Application for approval of the MSS Security Pty Ltd Public Transport Authority Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Pty Ltd Public Transport Authority Enterprise Agreement 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 T/A MSS Security. The Agreement is a single enterprise agreement.

[2] The Australian Rail, Tram and Bus Industry Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 21 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by MSS Security Pty Ltd, trading as MSS Security, for the approval of the MSS Security Pty Ltd Public Transport Authority Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which has jurisdiction over industrial matters in Australia. The dispute arose out of negotiations between MSS Security Pty Ltd and the Public Transport Authority regarding the terms and conditions of employment for the company's staff.

The central legal issue before the commission was whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it had been fairly and properly negotiated. Additionally, the commission considered if the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In reaching its decision, the commission examined the negotiation process and the content of the proposed agreement. The commission found that the agreement had been negotiated in good faith and that it contained all the mandatory terms required by the Act. Furthermore, the commission determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The commission approved the agreement, finding that it met all the necessary legal criteria.

As a result of the commission's decision, the MSS Security Pty Ltd Public Transport Authority Enterprise Agreement 2017 was approved and will now govern the terms and conditions of employment for the relevant employees. The approval of this agreement is expected to provide stability and clarity in the workplace, ensuring that both the employer and employees are aware of their respective rights and obligations under the agreement.

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