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Fair Work Act 2009
s.185—Enterprise agreement
MSS Security Pty Ltd
(AG2014/7691)
MSS SECURITY AVIATION QLD ENTERPRISE AGREEMENT 2014-
2017
Security services
COMMISSIONER GREGORY MELBOURNE, 21 NOVEMBER 2014
Application for approval of the MSS Security Aviation QLD Enterprise Agreement 2014-
2017.
[1] An application has been made for approval of an enterprise agreement known as the
MSS Security Aviation QLD Enterprise Agreement 2014-2017 (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. The agreement is a single-enterprise agreement.
[2] I have accepted the undertakings attached to this decision which have been given by
the employer.
[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are
relevant to this application for approval have been met.
[4] The Agreement does not contain a consultation provision in the terms of s.205 of the
Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[5] United Voice, 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.
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DECISION
E AUSTRALIA FairWork Commission
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[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
28 November 2014. The nominal expiry date of the Agreement is 30 June 2017.
COMMISSIONER
THE FAIR WORK COMMISSION SEAL THE
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Attachment A:
MSS security 41 Plantex Street Soisbury OLD 4107 PO Box 404 Belabury OLD 4107 1(07) 3722 4110 $(07) 3722 4120 Commissioner David Gregory Fair Work Commission 11 Exhibition Street Melbourne VIC 3000 Chambers.gregory.c@fwc.gov.au 18 November, 2014 Dear Commissioner Gregory, Re: AG2014/7691 - Undertakings for the Approval of the MSS Security Aviation QLD Enterprise Agreement 2014 - 2017 I am writing in reference to the submission of undertakings in relation to the MSS Security Aviation QLD Enterprise Agreement 2014 - 2017. Please find undertakings below in relation to clauses 6.10 and 6.11. Clause 6.10 · MSS Security submits an undertaking to apply the model consultation provision in its entirety as detailed below; Model consultation term (1) This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change (2) For a major change referred to in paragraph (1)(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses (3) to (9) apply. (3) The relevant employees may appoint a representative for the purposes of the procedures in this term. (4) If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (5) As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees:
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MSS security 41 Puntex Struet Solsbury QLD 4107 PO Box 404 Bolstury OLD 4107 : (07) 3722 4110 f (07) 3722 $120 WWW.ITISSBBCurity.COM.IE (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. (6) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (7) The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. (8) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. (9) In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work (10) For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. (11) The relevant employees may appoint a representative for the purposes of the procedures in this term. (12) If. (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. (13) As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). (14) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. (15) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. (16) In this term: relevant employees means the employees who may be affected by a change referred to in subclause (1). MBS SECURETY PTY LTD ABN 20 100 171 100
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MSS security Am 5'S Group Enterprise 41 Pentex Street Salisbury QLD 4107 PO Box :404 Salisbury OLD 4107 1 (07) 3722 4110 f (07) 3722 4120 www.messecurity.com.au Clause 6.11 · MSS Security submits an undertaking in respect to 6.11.4 (d) to read as follows; . "must be able to be terminated unilaterally by either the employee or the employer giving no more than 28 days notice, or at any time by the employee and the employer if they agree in writing, to the termination". Thank you for your consideration. Kind regards, Margaret Stinson HR/IR Manager - QLD
