DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MSS Security Pty Ltd T/A MSS Security
(AG2021/4711)

MSS SECURITY CROWN CASINO SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2021

Security services
COMMISSIONER LEE	MELBOURNE, 3 MAY 2021

Application for approval of the MSS Security Crown Casino Security Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Crown Casino Security Employees Enterprise Agreement 2021 (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] 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.

[3] 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.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 8.2 – Abandonment;

• Clause 20.1.5.2 – Termination of employment; and

• Clause 26.8.5 – Personal/carer’s leave.

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 11 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MSS Security Pty Ltd, trading as MSS Security, sought approval of the MSS Security Crown Casino Security Employees Enterprise Agreement 2021. The application was heard by the Fair Work Commission (FWC) and involved the negotiation of terms and conditions of employment for security employees at the Crown Casino in Melbourne. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement was appropriately certified, if it complied with the provisions of the Fair Work Act, and if the agreement was made in good faith and without coercion. Specifically, the Commission needed to assess if the agreement provided a safety net of minimum wages and conditions, and if the bargaining process was fair and reasonable. MSS Security argued that the agreement was fair and balanced, while objectors contended that it did not adequately protect employee rights and interests.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was appropriately certified and met the requirements of the Fair Work Act. The Commission determined that the agreement provided a safety net of minimum wages and conditions, and that it was made in good faith and without coercion. The Commission noted that while there were some areas of concern, the overall balance of the agreement was fair and reasonable. Therefore, the Commission approved the MSS Security Crown Casino Security Employees Enterprise Agreement 2021.

As a result of the Commission's decision, the MSS Security Crown Casino Security Employees Enterprise Agreement 2021 was approved and will now govern the terms and conditions of employment for security employees at the Crown Casino in Melbourne.

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