Mss Security Pty Ltd T/A Mss Security Summary

[2024] FWCA 4711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mss Security Pty Ltd T/A Mss Security

(AG2024/4298)

MSS SECURITY RESERVE BANK OF AUSTRALIA (VIC) ENTERPRISE AGREEMENT 2024

Security services
COMMISSIONER WILSON	MELBOURNE, 31 DECEMBER 2024

Application for approval of the MSS Security Reserve Bank of Australia (Vic) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the MSS Security Reserve Bank of Australia (Vic) Enterprise Agreement 2024 (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.

The notification time for the Agreement under s.173(2) was 7 May 2024 and the Agreement was made on 17 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The United Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Mss Security Pty Ltd, trading as Mss Security, and the Reserve Bank of Australia (Vic). The dispute pertains to the application for the approval of the MSS Security Reserve Bank of Australia (Vic) Enterprise Agreement 2024. The application was heard by the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement met the statutory requirements for approval and whether it was genuinely negotiated and not imposed. Specifically, the court had to determine if the agreement complied with the provisions of the Fair Work Act, particularly those concerning genuine bargaining, and whether the terms and conditions reflected a fair and reasonable outcome for the employees.

The Commission examined the process of bargaining and negotiation, considering whether the parties had genuinely bargained in good faith, and whether the agreement reflected a fair and reasonable outcome for the employees. It also assessed whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. The court noted that the agreement was the product of a negotiation process that involved multiple meetings and discussions between the employer and the employees' representatives. The Commission found that the process was conducted in good faith and that the terms of the agreement were fair and reasonable, taking into account the economic and operational context of the business.

Upon thorough review, the Commission determined that the application met the legal criteria for approval. The agreement was found to be genuinely negotiated, contained all the mandatory terms and conditions, and provided for fair and reasonable outcomes for the employees. Consequently, the Commission approved the MSS Security Reserve Bank of Australia (Vic) Enterprise Agreement 2024. The decision was based on the evidence presented and the satisfaction of the statutory requirements under the Fair Work Act. The approval of the agreement ensures that the terms and conditions governing the employment relationship are recognised and enforceable.

Mss Security Pty Ltd T/A Mss Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established