austlii:cth/FWCA/2026/895
General information, not legal advice.
FWCA
2026-04-08
Original judgment source is linked above.
s.185 - Enterprise agreement
MSS SECURITY PTY LIMITED PERTH AIRPORT ENTERPRISE AGREEMENT 2025-2028
Application for approval of the MSS Security Pty Limited Perth Airport Enterprise Agreement 2025-2028
[1] Mss Security Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the MSS Security Pty Limited Perth Airport Enterprise Agreement 2025-2028 (the Agreement).
[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[4] Clause 1.6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.
[5] Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[6] Pursuant to section 205A(2) of the Act, the workplace delegates' rights term prescribed by the Security Services Industry Award 2020 is taken to be a term of the Agreement.
[7] The copy of the Agreement provided at lodgement included obvious errors, defects, or irregularities which were highlighted and sought to be remedied, pursuant to section 218A of the Act, as follows:
Clause 1.1: Updated to reflect the correct title of the Agreement.
Clause 5.6.1: Updated to reflect the correct title of the Agreement, consistent with the change in clause 1.1.
Clause 5.16.1: Corrected to reflect the appropriate allowance rate of $52.53 (previously $47.81).
[8] In accordance with my powers under section 218A of the Act, I exercise my power to amend the above obvious errors, defects, or irregularities. The Agreement accompanying this decision has been amended accordingly and comes into effect at the same time as the Agreement's operation, 15 April 2026.
[9] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[10] The United Workers' Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.
[11] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 April 2026. The nominal expiry date of the Agreement is 8 April 2029.

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