United Workers' Union (108V) v MSS Security
What happened
Bradley Howlett, a member of the United Workers’ Union, is employed by MSS Security Pty Ltd at Borneo Barracks near Toowoomba. He is classified as a Security Officer Level 2 under an enterprise agreement. The union contends he should be classified as Level 3. A dispute arose, and a Deputy President of the Fair Work Commission conducted a site visit and requested further information from both parties. No formal evidence or hearing was held before the Deputy President’s decision.
What was decided
The Full Bench of the Fair Work Commission considered an appeal against the Deputy President’s decision. Permission to appeal was initially granted regarding procedural fairness but was subsequently rejected. The appeal was ultimately dismissed. The Full Bench found no denial of procedural fairness occurred in the Deputy President’s handling of the dispute.
What it means for employers
Employers should ensure fair processes are followed in classification disputes. While site visits and informal information gathering can be useful, it’s crucial to adhere to procedural fairness principles. This includes providing opportunities for cross-examination and allowing parties to formally present evidence.
What it means for employees
Employees should be aware of their classification rights and the process for disputing them. If you believe your classification is incorrect, raise the issue through the appropriate channels, and ensure you have the opportunity to present your case fully.
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