DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Licensed Venue Protection Pty Ltd
(AG2015/5656)

RSM AUSTRALIA (SECURITY OFFICERS) ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER ROBERTS	SYDNEY, 30 NOVEMBER 2015

Application for variation of the RSM Australia (Security Officers) Enterprise Agreement 2014 – change in registered business name of employer.

Introduction

[1] This decision is in relation to an application made under s.217 of the Fair Work Act 2009 (the Act) by Licensed Venue Protection Pty Ltd (the employer) to vary the RSM Australia (Security Officers) Enterprise Agreement 2014 (the Agreement) in order to remove an ambiguity or uncertainty.

[2] The employer submits that an ambiguity or uncertainty has arisen in relation to the Agreement following a change in its legal name from “RSM Australia Pty Ltd” to “Licensed Venue Protection Pty Ltd.” The change in the registered name occurred on 12 March 2015.

Submissions

[3] The employer submits that the name of the Enterprise Agreement now no longer reflects the correct name of the employer and that this is causing confusion and other problems.

[4] In order to remove the ambiguity or uncertainty the employer requests that all references to the previous name be amended to reflect the employer’s new name. The employer submitted a proposed replacement Agreement with following changes:

The title of the Agreement and footer is changed from “RSM Australia (Security Officers) Enterprise Agreement 2014” to “Licensed Venue Protection (Security Officers) Enterprise Agreement 2014”.

The header of the Agreement is changed from “RSM Australia Pty Ltd Security+Hospitality” to “LVP Licensed Venue Protection Security+Hospitality”.

Clause 1.1 of the Agreement is deleted and replaced with “This Agreement is the Licensed Venue Protection (Security Officers) Enterprise Agreement 2014”.

All references in the Agreement to “RSM Australia Pty Ltd” are deleted and replaced with “Licensed Venue Protection Pty Ltd”.

[5] The submissions of the Applicant are supported by a signed letter from an employee representative, Mr Russell Stanton, who had been involved in the creation of the Agreement. Mr Stanton stated that he supports the present application to vary the Agreement because it “will clear up the name change of the business”.

Relevant Legislation

[6] Section 217 of the Act relevantly provides as follows:

217 Variation of an enterprise agreement to remove an ambiguity or uncertainty

(1) FWA may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;
(b) an employee covered by the agreement;
(c) an employee organisation covered by the agreement.

(2) If FWA varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

[7] On the basis of the material before me, I am satisfied that there is an ambiguity or uncertainty regarding the name of the employer and that the application to remove the ambiguity or uncertainty has been made in accordance with s.217 of the Act.

[8] Accordingly the application is granted and the variation will operate from today, 30 November 2015. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Licensed Venue Protection Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the RSM Australia (Security Officers) Enterprise Agreement 2014, due to a change in its registered business name. The applicant sought to update its name in the enterprise agreement to reflect its current legal identity. The application was contested by the Australian Council of Trade Unions and the Australian Security Industry Association, who opposed the requested variation.

The legal issues before the Commission involved the interpretation and application of the relevant provisions within the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, concerning the alteration of an enterprise agreement due to a change in the employer’s business name. The central question was whether the change in the registered business name warranted a variation of the existing enterprise agreement and, if so, under what conditions such a variation could be approved.

The Commission held that a change in an employer’s registered business name could be a valid reason for varying an enterprise agreement, provided the change did not alter the underlying nature of the business or the employees’ roles. The Commission noted that the alteration of the business name in the enterprise agreement was a minor change that did not affect the terms and conditions of employment or the scope of the enterprise agreement. Consequently, the Commission approved the variation, emphasising that the primary concern was to ensure that the enterprise agreement accurately reflected the current legal identity of the employer.

The Fair Work Commission varied the enterprise agreement to reflect the new registered business name of the employer, Licensed Venue Protection Pty Ltd. The variation ensured that the enterprise agreement remained accurate and up-to-date, aligning with the employer's current legal identity without affecting the terms and conditions of employment or the scope of the agreement.

Licensed Venue Protection Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established