ENTERPRISE AGREEMENTS – ambiguity or uncertainty – ss.217, 604 Fair Work Act 2009 – appeal – Full Bench – the appellant had brought court proceedings against the respondent in relation to the application of a clause in the MSS Security Enterprise Agreement (QLD) 2011-2014 and the MSS Security Aviation QLD Enterprise Agreement 2014-2017 – respondent made an application to vary the agreements to address the uncertainty – both terms varied – application for permission to appeal this decision made – appellant submitted that the respondent did not have grounds to make the application to vary and that the Commission did not have jurisdiction to determine it on the basis that the agreements had ceased to apply – permission to appeal granted on this issue – Commission considered that when the application was made there were still some employees covered by the agreements and as such the application was made validly – appeal dismissed on this ground – appellant also submitted that there was no uncertainty or ambiguity in the clauses – further submitted that if there was uncertainty in the clauses then the variation should have been to establish the appellant’s interpretation of the clauses – permission to appeal refused in relation to these grounds. Appeal by United Voice against decision of Sams DP of 23 May 2016 [[2016] FWCA 2774] Re: MSS Security P/L t/a MSS Security
…
