Application for approval of the MSS Security - Reserve Bank of Australia Armed Security Officers' Enterprise Agreement 2025-2029

[1] An application has been made for approval of an enterprise agreement known as the MSS Security - Reserve Bank of Australia Armed Security Officers' Enterprise Agreement 2025 - 2029 (Agreement). The Application was made by MSS Security Pty Limited pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

[3] The Agreement contains a delegates' rights term in clause 38 which I consider is less favourable than the delegates' rights clause which now appears in clause 26A of the Security Services Industry Award 2020. As a result, the workplace delegates' rights term appearing in clause 26A of the Security Services Industry Award 2020 is taken to be a term of the Agreement in accordance with s.205A of the FW Act.

[4] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

[6] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 August 2029.

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