DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2017/1586)

MSS SECURITY ESSO GIPPSLAND SITES SECURITY OFFICERS ENTERPRISE AGREEMENT, 2017

Security services
COMMISSIONER ROE	MELBOURNE, 25 MAY 2017

Application for approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security ESSO Gippsland Sites Security Officers 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union 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.

[4] The Agreement was approved on 25 May 2017 and, in accordance with s.54, will operate from 1 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, MSS Security Pty Ltd, trading as MSS Security, applied for approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2017. The application was contested by the applicant’s employees, represented by the Security, Investigative and Private Industry Employees’ Union. The dispute centred on the terms and conditions set out in the proposed enterprise agreement, particularly regarding pay rates and conditions for security officers employed at ESSO Gippsland Sites.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions for pay and conditions, and whether it was made in good faith and without coercion. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the procedural and substantive fairness requirements.

The Commission assessed the evidence and submissions provided by both parties. It found that the proposed agreement contained provisions that were fair and reasonable in all respects. The Commission noted that the agreement provided for pay rates and conditions that were comparable to those in similar industries and were in line with prevailing market rates. It also found that the agreement was made in good faith and without coercion, as required by the Act. Consequently, the Commission approved the proposed enterprise agreement, finding it to be compliant with the relevant statutory requirements.

The final orders of the Commission were that the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement, 2017, be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission’s decision. This approval ensures that the agreement will govern the employment conditions of the security officers at the specified sites for the duration of its registered status.

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