DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2015/2880)

MSS SECURITY RESERVE BANK OF AUSTRALIA ARMED SECURITY OFFICERS’ AGREEMENT 2015 - 2019

Security services
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the MSS Security Reserve Bank of Australia Armed Security Officers’ Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Reserve Bank of Australia Armed Security Officers’ Agreement 2015-2019 (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 have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2015. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MSS Security Pty Ltd, trading as MSS Security, applied to the Fair Work Commission for the approval of the MSS Security Reserve Bank of Australia Armed Security Officers’ Agreement 2015-2019. The agreement was entered into between MSS Security, represented by its authorised officer, and the Australian Services Union, acting on behalf of certain employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The Commission was required to determine whether the agreement was a genuine enterprise agreement and whether it met the requirements for approval under the Fair Work Act. Key issues included the coverage of the agreement, the bargaining representative's authority, and whether the agreement provided for a fair and reasonable outcome for both parties. The Commission examined the process by which the agreement was negotiated, the terms of the agreement, and the extent to which it complied with the relevant legislative framework.

The Commission found that the agreement was a genuine enterprise agreement and that it complied with the necessary statutory requirements. It concluded that the Australian Services Union was the appropriate bargaining representative and that the agreement provided for a fair and reasonable outcome for both parties. The Commission approved the agreement, noting that it contained provisions for minimum wages, entitlements, and other terms and conditions of employment that were consistent with the legislative standards. The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions.

The final orders of the Commission included the approval of the MSS Security Reserve Bank of Australia Armed Security Officers’ Agreement 2015-2019, effective from 1 January 2015. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees for the duration of the agreement. The decision was binding on both MSS Security and the employees covered by the agreement, ensuring that the terms and conditions outlined in the agreement would be implemented and enforced.

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