MSS Security Pty Ltd T/A MSS Security

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MSS Security Pty Ltd trading as MSS Security, sought the Fair Work Commission's approval for an enterprise agreement, the MSS Security PTA Enterprise Agreement 2017. The agreement aimed to regulate the terms and conditions of employment for its employees. The dispute was brought before the Commission by the Australian Education, Office and Industrial Union (AOEU). The union contested the fairness of the proposed agreement, raising concerns about the adequacy of the terms and conditions outlined within.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement had been genuinely negotiated. The Commission also considered whether the agreement contained provisions that were contrary to public policy or contravened any industrial laws.

The Fair Work Commission found that the agreement was, in substance, fairly negotiated and met the statutory requirements for approval. The Commission noted that while there were some minor discrepancies and potential areas of concern, these did not outweigh the overall fairness of the agreement. The terms and conditions provided were deemed to be fair and reasonable, and no provisions were found to contravene public policy or industrial laws. Consequently, the Commission approved the MSS Security PTA Enterprise Agreement 2017.

The Commission's final order was the approval of the MSS Security PTA Enterprise Agreement 2017, effective from the date of the decision. This decision confirmed the agreement as binding upon the parties, ensuring that the terms and conditions it contained would govern the employment relationship between MSS Security and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established