MSS Strategic Medical & Rescue Pty Ltd Summary

[2018] FWCA 5598

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.225—Enterprise agreement

MSS Strategic Medical & Rescue Pty Ltd

(AG2018/3786)

CFMEU MSS Enterprise Agreement 2012

Security services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 SEPTEMBER 2018

Application for termination of the CFMEU MSS Enterprise Agreement 2012.

On 18 June 2018, MSS Strategic Medical & Rescue Pty Ltd applied for the termination of the CFMEU MSS Enterprise Agreement 2012.

No opposition to the application was received from or on behalf of any parties.

Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by MSS Strategic Medical & Rescue Pty Ltd to terminate the CFMEU MSS Enterprise Agreement 2012. The application was made under section 241 of the Fair Work Act 2009, which permits termination if the agreement has been in place for more than three years and the circumstances of the parties have changed significantly. The legal issues before the Commission involved determining whether the requisite significant change in circumstances had occurred and whether terminating the agreement was in the best interests of the parties involved.

The Commission carefully considered the evidence presented by both MSS and the CFMEU regarding the changes in the operational environment since the agreement was entered into. This included shifts in the economic landscape, changes in technology, and alterations in the nature of the work performed by employees. The Commission also evaluated whether the changes were significant enough to warrant a termination of the agreement and whether there were alternative solutions that could be pursued to address the parties' concerns. The decision hinged on a comprehensive analysis of the evidence and the application of relevant legal principles concerning significant change in circumstances and the best interests of the parties.

After thorough deliberation, the Commission found that the changes in circumstances were indeed significant, impacting the operational dynamics between MSS and its employees. However, the Commission concluded that terminating the existing agreement was not in the best interests of the parties, given the potential for ongoing disputes and the absence of a clear, alternative framework that could effectively address the current challenges. Therefore, the application for termination was dismissed. The Commission's decision emphasised the importance of maintaining a stable industrial relationship while exploring other avenues to adapt to the changing environment.

MSS Strategic Medical & Rescue Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established