United Voice v MSS Security Pty Ltd T/A MSS Security

In the Fair Work Commission, United Voice lodged an application for a majority support determination in relation to its proposed enterprise agreement. The application was opposed by the employer, MSS Security Pty Ltd trading as MSS Security. The crux of the dispute was whether the group of employees proposed by the union was fairly chosen, as required by section 173 of the Fair Work Act 2009. The union argued that the proposed group accurately represented the employees who would be covered by the agreement, while the employer contended that the group did not fairly represent the employees and that the application should be dismissed.

The central legal issue before the Commission was whether the group of employees proposed by United Voice was a fair representation of those who would be bound by the enterprise agreement. The employer argued that the group was not representative, as it did not include all employees who would be affected by the agreement. This argument hinged on the interpretation of the term "fairly chosen" and whether the proposed group met the criteria set out in the legislation.

The Commission found that the group proposed by the union was fairly chosen. It considered the composition of the group and the process by which the union had selected the employees. The Commission held that the union had appropriately defined the group to include all employees who would be covered by the proposed agreement. Consequently, the employer's opposition to the application was dismissed, and the application for a majority support determination was approved. The Commission's decision emphasised the importance of ensuring that the group of employees proposed by a union is representative and fairly chosen to meet the legislative requirements.