DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2018/2239)

MSS SECURITY VICTORIAN AVIATION SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2018

Security services
COMMISSIONER GREGORY	MELBOURNE, 29 OCTOBER 2018

Application for approval of the MSS Security Victorian Aviation Security Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Victorian Aviation Security Employees Enterprise Agreement 2018 (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 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.

[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 Transport Workers’ Union of Australia & 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MSS Security Pty Ltd, trading as MSS Security, brought an application before the Fair Work Commission for the approval of the MSS Security Victorian Aviation Security Employees Enterprise Agreement 2018. The dispute centred on whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009, particularly regarding the protection of employees' rights and the avoidance of unfair dismissals. The Commission was tasked with determining if the agreement was fair and balanced, ensuring that it did not disadvantage any party unduly.

The central legal issues the Commission had to address involved the interpretation of certain provisions within the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission needed to assess whether the agreement provided adequate protections for employees, such as minimum entitlements, and whether it aligned with the principles of procedural fairness and the protection of vulnerable employees. The Commission also considered if the agreement complied with the requirements for fair and independent bargaining.

In its decision, the Commission found that the agreement generally met the statutory requirements and was fair and balanced. The Commission noted that the agreement included provisions that protected employees' rights and provided mechanisms for resolving disputes. The Commission concluded that the agreement did not disadvantage any party and that it complied with the principles of procedural fairness and the protection of vulnerable employees. Consequently, the Commission approved the MSS Security Victorian Aviation Security Employees Enterprise Agreement 2018, recognising it as meeting the necessary standards under the Fair Work Act.

The Fair Work Commission approved the MSS Security Victorian Aviation Security Employees Enterprise Agreement 2018, effective from 1 April 2018. The approval was subject to the agreement being registered with the Fair Work Ombudsman, and the parties were required to notify all affected employees of the approved agreement within a specified period. This decision marked the resolution of the application, affirming the agreement's compliance with the statutory requirements under the Fair Work Act.

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