DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

MSS Security Pty Ltd T/A MSS Security
(AG2018/1849)

CHUBB SECURITY PERSONNEL PORT OF MELBOURNE CERTIFIED AGREEMENT 2004-2007

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 MAY 2018

Termination of the Chubb Security Personnel Port of Melbourne Certified Agreement 2004-2007.

[1] On 3 May 2018, MSS Security Pty Ltd T/A MSS Security applied for the termination of the Chubb Security Personnel Port of Melbourne Certified Agreement 2004-2007 (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of MSS Security Pty Ltd T/A MSS Security, the Fair Work Commission was tasked with determining the appropriate conditions for the termination of the Chubb Security Personnel Port of Melbourne Certified Agreement 2004-2007. The dispute arose between MSS Security, the employer, and the United Voice union, representing the employees. The crux of the matter centred on the interpretation and application of the relevant industrial laws and the specific provisions of the agreement in question.

The primary legal issues before the Commission included whether the employer had validly terminated the certified agreement and, if so, what transitional provisions should apply to the affected employees during the period between the termination and the commencement of a new agreement. The Commission had to consider the procedural correctness of the termination process and the impact of the termination on the employees' rights and entitlements.

The Fair Work Commission concluded that the employer had indeed followed the correct procedural steps to terminate the agreement, adhering to the requirements set out in the Fair Work Act. The Commission found that the employer's actions were lawful and that the termination was valid. However, the Commission also determined that certain transitional provisions must be applied to safeguard the employees' rights during the interim period before a new agreement is negotiated and certified. These provisions aimed to ensure that employees would not suffer adverse consequences due to the termination of the old agreement.

The Commission issued orders mandating the implementation of the agreed transitional provisions, ensuring that the employees' conditions of employment were maintained until a new agreement was in place. This decision provides clarity on the process for terminating certified agreements and the obligations that remain for employers during the transition period.

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