United Workers' Union v MSS Security Pty Ltd Summary

[2025] FWC 1951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

MSS Security Pty Ltd

(B2025/1099)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 8 JULY 2025

Proposed protected action ballot of employees of MSS Security Pty Ltd

This is an application by the United Workers’ Union (UWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of MSS Security Pty Ltd (MSS Security or Employer).

On 7 July 2025, the Commission was advised that the Employer initially held some concerns with the application. However, on 8 July 2025, the Employer advised the Commission that it did not press any objection and was content for the matter to be dealt with on the papers.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Matthew Williams, Trade Union Official, setting out the steps taken by the UWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with MSS Security, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission (AEC).

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 20 August 2025.[1]This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR789008.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 30 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the United Workers' Union (UWU) sought a protected action ballot order in accordance with section 437 of the Fair Work Act 2009. The application was directed at MSS Security Pty Ltd, with the dispute centering on a proposed agreement for certain employees of the company. Initially, MSS Security expressed some concerns regarding the application, but later withdrew any objections, permitting the matter to proceed based on the documentation submitted.

The central legal issue before the Commission was whether the UWU had satisfied the statutory requirements for a protected action ballot. This included verifying that the union had genuinely attempted to reach an agreement with MSS Security and that the necessary notification period had been observed. Additionally, the Commission needed to confirm whether all the conditions outlined in section 443(1) of the Act had been met.

The Deputy President Hampton reviewed the material provided, including the declaration from Matthew Williams, a Trade Union Official, which detailed the union's bargaining efforts and their genuine attempts to reach an agreement with MSS Security. Given the evidence, the Deputy President concluded that the UWU had fulfilled all the prerequisites for the ballot. Consequently, the Commission determined that the voting period for the ballot would close on 20 August 2025. An Order was subsequently issued, and the matter was assigned to another Commission member to oversee the compulsory conciliation conference under section 448A of the Act.

The final orders included the approval of the ballot order, the setting of the closing date for voting, and the scheduling of a compulsory conciliation conference. This conference aimed to facilitate meaningful negotiations between the parties involved, ensuring that all bargaining representatives attended and were prepared to engage in substantive discussions regarding the proposed enterprise agreement.

United Workers' Union v MSS Security Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established