“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2015] FWCA 2931

[2015] FWCA 2931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2015/2524)

DYNAMIC DIRECT PTY LTD ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 28 APRIL 2015

Application to vary Pay Schedule of the Agreement.

[1] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the Union) has made an application, under section 217 of the Fair Work Act 2009 (the Act), to vary the Dynamic Direct Pty Ltd Enterprise Agreement 2014 (the Agreement) to remove ambiguity or uncertainty.

[2] Dynamic Direct Pty Ltd (the Company) is the employer party to the Agreement and the AMWU is covered by the Agreement.

[3] The Company supports the application.

[4] An uncertainty has arisen in relation to the Pay Schedule of the Agreement. This is on the basis that the Pay Schedule attached to the Agreement that has been approved does not match the Pay Schedule that was voted on by the employees.

[5] Section 217 provides for the variation of enterprise agreements to remove ambiguity or uncertainty as follows:

“(1) The FWC 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 the FWC varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[6] Statutory Declarations have been provided by the Commercial Manager of the Company and also by an employee of the Company. On the basis of the material before me, I find that the Pay Schedule in the Agreement is uncertain. Accordingly, the application is granted and the variation, as sought, will operate from 28 April 2015. The consolidated version of the Agreement, as varied, is attached to this decision.

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