Application for approval of the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2024

[1] MSS Security Pty Limited, T/A MSS Security, (the Employer) has made an application for approval of an enterprise agreement known as the MSS Security ESSO Gippsland Sites Security Officers Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 10 May 2024 and the Agreement was made on 16 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 27: Compassionate leave

• Clause 36: Abandonment of employment

[6] However, I am satisfied that the Employer's written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54, will operate from 21 April 2025 (7 days after agreement is approved). The nominal expiry date of the Agreement is 30 June 2028.

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Annexure A