Application for approval of the MSS Security Canberra Airport Enterprise Agreement 2026-2030

[1] An application has been made for approval of an enterprise agreement known as the MSS Security Canberra Airport Enterprise Agreement 2026-2030 (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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made, being lodged one day late on 11 February 2026. The Applicant explained this delay as being due to a number of its management staff being on leave during the period. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2026. The nominal expiry date of the Agreement is 27 February 2030.

[6] The Applicant filed a Form F1 with application, requesting that clause 1.1 of the Agreement (the title), be altered to 'MSS Security Canberra Airport Enterprise Agreement 2026-2030' so as to make it consistent to the references throughout the Agreement to its title.

[7] Additionally, upon review of the Agreement, the Commission noted that clause 3.4.6(b)(ii) pointed to an incorrect cross reference, (3.4.7(a)(i) and (ii)), when it should instead refer to clause 3.4.6(a)(i) and (ii). I noted this in correspondence to the Applicant and raised that I was content to correct it under s218A of the Act if the Applicant was agreeable, which they were.

[8] There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[1] I am satisfied the variations address obvious errors and are appropriate in the circumstances. The amendments to clauses 1.1 and 3.4.6(b)(ii) are made in accordance with a corrected copy of the Agreement, filed by the Employer on 26 February 2026. The Agreement attached to this Decision is the Agreement as varied and will operate from 6 March 2026.

[1] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

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