Application for approval of the MSS Security Crown Casino Security Employees Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Crown Casino Security Employees Enterprise Agreement 2025 (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 (MSS). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with MSS in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to these undertakings and they were honed following a short mention I conducted on 10 November 2025. 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.

[3] The undertakings relate to:

1. Casual rates of pay
2. Overtime rates of pay

Interaction with the National Employment Standards

[4] Clause 4.3 of the Agreement provides that it will be will be read and interpreted in conjunction the National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the greater NES benefit (where applicable) will apply to the extent of the inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Compassionate leave: Clause 28 of the Agreement provides compassionate leave however it is silent in relation to the entitlement in circumstances when an employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. Section 104(1)(c) of the Act provides for compassionate leave in these circumstances. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

2. Public holidays: Clause 34.1 of the Agreement requires, subject to reasonable grounds of refusal, employees rostered to work on public holidays are required to work such public holidays. On the basis of the NES precedence clause, this provision must be read in conjunction with s 114 of the Act, which defines the circumstances in which an employee may be requested to work on a public holiday, and entitles employees to refuse such requests if they are not reasonable, as defined by this part of the Act.

3. Withholding monies at termination: Clause 20.1.4 of the Agreement provides that upon termination by an employee "The required amount of payment in lieu of notice must equal the total of all amounts that, if the Employee's employment had continued until the end of the required period of notice, the Company would have become liable to pay to the Employee because of the employment continuing during that period." The clause does not appear to limit the source of monies which may be deducted. In so far as this clause purposes to permit MSS to withhold monies owing to the employee under the NES the superior entitlement provided for in the NES will apply due to the operation of the NES precedence clause.

4. Notice of termination: Clause 20.1.5.2 of the Agreement provides that notice of termination will not apply in the case of employee repudiation of the employment contract. In so far as this may conflict with s 123 of the Act and r 1.07 of the Fair Work Regulations 2009 it will have no application as a result of the NES precedence clause.

5. Redundancy: Clause 21.5 of the Agreement provides that severance pay will not apply where an employee rejects an offer of employment obtained by the company in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment Section 120 of the Act deals with when severance pay might be reduced in these circumstances, and will apply despite clause 21.5 of the Agreement, by way of the NES precedence clause.

6. Abandonment of employment: Clause 8 of the Agreement provides that will be taken to have abandoned their employment if they are absent from work for a period in excess of 3 consecutive rostered shifts without approval, which constitutes termination of employment at the initiative of the employee with the final day of employment taken to be last day worked or the last day of authorised absence. This clause appears to provide that employees deemed to have abandoned their employment in accordance with this clause will not be afforded their minimum notice of termination entitlement as per s.117(3) of the Act. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s.117 of the Act and will have application by way of the NES precedence clause.

[5] It is further noted that clause 13 of the Agreement deals to some extent with stand down, and provides that in circumstances where alleged a serious misconduct or neglect of duty is made against an employee, the company may stand down the employee without pay for up to 72 hours to enable an investigation to be made into the matter. Section 524 of the Act deals with stand down and will likely prevail over the terms of clause 13 to the extent of any inconsistency, in a particular circumstance which does not provide this circumstance as a circumstance for which employees may be stood down.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The United Workers' Union (UWU) 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 UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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