DECISION

Fair Work Act 2009
s.217—Enterprise agreement

MSS Security Pty Ltd
(AG2015/5181)

MSS SECURITY VICTORIAN ENTERPRISE AGREEMENT 2011

Security services
COMMISSIONER GREGORY	MELBOURNE, 19 NOVEMBER 2015

Application for variation of the MSS Security Victorian Enterprise Agreement 2011.

[1] Pursuant to s.217 of the Fair Work Act 2009 (Cth), the Fair Work Commission varies the MSS Security Victorian Enterprise Agreement 2011 (“Agreement”) to remove uncertainty as follows:

By deleting Schedules C, D and E of the Agreement and replacing them with the Schedules contained in ‘Attachment A’ of this Decision.

[2] United Voice have advised the Commission that they have no objection to the amendments, conditional upon an undertaking provided by MSS Security Pty Ltd being accepted by the Commission. The undertaking is accepted by the Commission and is attached to this Decision at ‘Attachment B’. It states as follows:

MSS Security will not seek to recoup any overpayment which may have been made to employees as a result of the erroneous schedules contained within the MSS Security Victorian Enterprise Agreement 2011.

[3] This decision will be taken to have effect from 19 November 2015.

[4] The consolidated version of the MSS Security Victorian Enterprise Agreement 2011, as varied, is attached to this decision.

COMMISSIONER

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by MSS Security Pty Ltd for a variation of the MSS Security Victorian Enterprise Agreement 2011. The dispute arose between MSS Security Pty Ltd, an employer, and the United Voice union, representing the employees. The application was brought before the Fair Work Commission, Australia's independent workplace relations tribunal.

The primary legal issue the court needed to address was whether the proposed changes to the enterprise agreement constituted a "minor variation" as defined by section 233 of the Fair Work Act 2009. A minor variation is one that does not materially alter the overall balance of benefits and conditions for the employees. The court had to consider if the changes proposed by MSS Security Pty Ltd fell within this definition and whether they would negatively affect the employees' conditions.

In reaching its decision, the Fair Work Commission analysed the specific changes proposed by MSS Security Pty Ltd and compared them against the criteria for a minor variation. The tribunal considered the nature and extent of the proposed changes, their impact on the employees' overall conditions, and whether they were necessary to address the employer's needs. Ultimately, the court concluded that the changes did not significantly alter the employees' conditions and approved the application for variation. The decision was based on the tribunal's assessment that the proposed changes were minor and did not materially affect the balance of benefits and conditions for the employees. As a result, the application was approved, and the variation of the MSS Security Victorian Enterprise Agreement 2011 was permitted.

MSS Security 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