Dynamic Direct Pty Ltd

[2014] FWCA 5991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Direct Pty Ltd
(AG2014/7188)

DYNAMIC DIRECT PTY LTD ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 29 AUGUST 2014

Application for approval of the Dynamic Direct Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Direct Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Dynamic Direct Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 29 August 2014 and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dynamic Direct Pty Ltd, an employer, applied to the Fair Work Commission for the approval of an enterprise agreement with their employees. The nature of the dispute was the validity and enforceability of certain provisions within the proposed agreement, specifically those relating to the classification and remuneration of employees. The Fair Work Commission was the court in this matter, exercising its powers under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act and whether certain provisions were contrary to the public interest. The primary concern was the classification of employees under the agreement and the implications for their remuneration. The Commission had to determine if the classification and pay rates proposed were reasonable and fair in the context of the employees' roles and the broader labour market.

The Fair Work Commission found that while the majority of the agreement was compliant with the Act, certain provisions regarding employee classification and remuneration were not. These provisions were considered to be potentially contrary to the public interest as they could lead to underpayment and unfair treatment of employees. The Commission held that the agreement could be approved with modifications to these specific provisions. The outcome was that the agreement was approved subject to the modifications, ensuring compliance with the Fair Work Act and protecting the interests of both the employer and employees.

The final orders included the approval of the Dynamic Direct Pty Ltd Enterprise Agreement 2014, with the specified modifications to the classification and remuneration provisions. These modifications were designed to ensure that the agreement met the legal standards and protected the rights of employees, thereby maintaining fairness and compliance in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established