MSS Security Pty Ltd T/A MSS Security
[2022] FWCA 3592
•14 OCTOBER 2022
| [2022] FWCA 3592 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MSS Security Pty Ltd T/A MSS Security
(AG2022/3955)
MSS SECURITY PTA ENTERPRISE AGREEMENT
| Security services | |
| COMMISSIONER P RYAN | SYDNEY, 14 OCTOBER 2022 |
Application for approval of the MSS Security PTA Enterprise Agreement
MSS Security Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the MSS Security PTA Enterprise Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Australian Rail, Tram and Bus Industry Union (ARTBIU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the ARTBIU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 21 October 2022. The nominal expiry date of the Agreement is 14 June 2025.
COMMISSIONER
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