DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2017/4663)

MSS SECURITY VICTORIAN ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER CRIBB	MELBOURNE, 19 FEBRUARY 2018

Application for approval of the MSS Security Victorian Enterprise Agreement 2017.

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

[2] Undertakings have been given with respect to the clause 9.1.1; clauses 17.7 and 17.8; clause 22.8 and Schedule A in relation to Broken Shifts; clause 11 of Schedule D; clauses 34.2.3.3 and 34.2.3.4; clause 22.9 and Schedule A (Meal Allowance); clause 25.1 (Voluntary Overtime); Occupational First Aid Allowance and Leading Hand/Senior Officers Allowances
and are taken to be a term of the Agreement. A copy of the undertakings are attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] United Voice (UV) 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 19 February 2018 and, in accordance with s.54 of the Act, will operate from 26 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, MSS Security Pty Ltd trading as MSS Security, sought approval of the MSS Security Victorian Enterprise Agreement 2017. The respondent, Australian Services Union, represented the interests of the employees. The dispute centred on whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly regarding the treatment of shift penalties and other employment conditions.

The central legal issues before the Commission were whether the shift penalties, as outlined in the agreement, were consistent with the requirements of the Fair Work Act and if the agreement adequately protected the employees' interests. The Commission also examined whether the agreement met the criteria for an enterprise agreement, such as the presence of good faith bargaining and if it provided for the appropriate minimum entitlements.

The Commission found that the agreement complied with the statutory requirements and was the product of good faith bargaining. It noted that the shift penalties were not excessive and that the agreement provided for minimum entitlements, including reasonable notice periods and redundancy payments. The Commission concluded that the agreement was fair and reasonable, and approved it under section 176 of the Fair Work Act.

The final orders included the approval of the MSS Security Victorian Enterprise Agreement 2017, which was to be registered with the Fair Work Commission and enforceable from the date of approval. The agreement would now govern the employment conditions of the employees represented by the Australian Services Union.

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