MSS Security Pty Ltd T/A MSS Security Summary

[2018] FWCA 7637

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security

(AG2018/2955)

MSS Security Aviation QLD Enterprise Agreement 2017-2020

Security services
Commissioner Gregory	MELBOURNE, 17 DECEMBER 2018

Application for approval of the MSS Security Aviation QLD Enterprise Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the MSS Security Aviation QLD Enterprise Agreement 2017 - 2020 (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.

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.

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.

United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, MSS Security Pty Ltd, trading as MSS Security, sought approval for an enterprise agreement. The dispute arose under the Fair Work Act 2009 and related to the MSS Security Aviation Queensland Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission.

The primary legal issues addressed by the Commission were whether the enterprise agreement complied with the statutory requirements for approval and whether the agreement was genuinely negotiated. The Commission needed to consider if the agreement contained all the mandated terms and conditions, and if the negotiation process met the standards set by the Fair Work Act. Additionally, the Commission examined whether the agreement met the 'better off overall test' (BOOT) to ensure that the employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the required terms and conditions. The Commission noted that the negotiation process involved multiple meetings and communications between the employer and the employees' representatives. Furthermore, the Commission determined that the agreement satisfied the BOOT, as employees would not be worse off under the new terms. The Commission approved the enterprise agreement, finding that it met all statutory requirements for registration.

The Fair Work Commission approved the MSS Security Aviation Queensland Enterprise Agreement 2017-2020, confirming its compliance with the Fair Work Act and its genuine negotiation. The Commission registered the agreement, effective from 1 April 2017 to 31 March 2020.

MSS Security Pty Ltd T/A MSS Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established