Boyd v Glenvill Pty Ltd

The applicant, Boyd, brought proceedings against his former employer, Glenvill Pty Ltd, alleging breaches of the *Fair Work Act 2009* (Cth) and seeking declarations, compensation, and payment of accrued commissions. The dispute centred on Boyd's dismissal from employment, his entitlement to sales commissions, and deductions made from his final pay. The matter was heard in the Federal Court of Australia before Judge A Kelly.

The court was required to determine whether Glenvill Pty Ltd contravened section 340 of the *Fair Work Act* by dismissing Boyd because he had exercised his workplace right to inquire about or complain about unpaid commissions. It also needed to consider whether the dismissal contravened section 352 of the Act, specifically if it was because Boyd was temporarily absent from work due to illness. Furthermore, the court had to assess whether Glenvill Pty Ltd contravened section 323 of the Act by failing to pay amounts payable to Boyd in relation to his work upon termination. Finally, the court was asked to determine the proper construction of Boyd's employment agreement regarding his entitlement to sales commissions and the appropriate remedies, including reinstatement or compensation, in the event of a contravention.

The court found that Glenvill Pty Ltd had contravened section 340 of the *Fair Work Act* by dismissing Boyd because he had inquired about his accrued commissions, and that the proscribed reason was a substantial and operative reason for the termination. However, the court dismissed the application concerning a contravention of section 352, finding that the dismissal was not due to Boyd's absence from work due to illness. The court also upheld the claim that Glenvill Pty Ltd contravened section 323 by making deductions from Boyd's final pay. Regarding the sales commissions, the court clarified the accrual and payment conditions under the employment agreement, finding that commissions were payable upon the execution of specific agreements and when they exceeded the annual retainer, with approval by the General Manager, Housing, having been given on 19 July 2018 for commissions accrued in 2014, 2015, and 2016.

Consequently, the court declared that Glenvill Pty Ltd contravened sections 340 and 323 of the *Fair Work Act*. Reinstatement was refused, but compensation was awarded in the sum of $110,000, along with pre-judgment interest. The court also ordered payment of sums due for unpaid sales commissions for the years 2014, 2015, and 2016, subject to further agreement or determination on quantum and interest.