Application by the Applicant Trading AS Mss Security
Citation: [2026] FWCA 2017
What happened
the Respondent applied to the Fair Work Commission for approval of the MSS Security PTA Enterprise Agreement 2026-2029. The agreement covers a single enterprise and includes written undertakings from the company. The Australian Rail, Tram and Bus Industry Union (RTBU) indicated it wanted the agreement to cover its members. Concerns were raised about clauses related to uniform deductions potentially conflicting with National Employment Standards.
What was decided
The Fair Work Commission approved the MSS Security PTA Enterprise Agreement 2026-2029, effective from August 6, 2026, and expiring on July 30, 2029. The Commissioner noted that certain clauses regarding uniform deductions appeared inconsistent with the National Employment Standards but were resolved by a clause stating that more beneficial entitlements of the NES will prevail. The RTBU is now covered by the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure they comply with the National Employment Standards, particularly concerning deductions from employee pay. A clause ensuring the NES prevails in case of inconsistency can mitigate potential issues.
What it means for employees
Employees should be aware of their entitlements under the National Employment Standards and how these relate to any applicable enterprise agreement. If there are concerns about deductions or other terms, seek advice from a union or Fair Work Ombudsman.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →