Ford Dynasty Pty Ltd Summary

[2013] FWCA 6585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ford Dynasty Pty Ltd
(AG2013/7773)

FORD DYNASTY PTY LTD (LASSETERS HOTEL CASINO AND ALICE SPRINGS CONVENTION CENTRE) ENTERPRISE AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 6 SEPTEMBER 2013

Ford Dynasty Pty Ltd (Lasseters Hotel Casino and Alice Springs Convention Centre) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ford Dynasty Pty Ltd (Lasseters Hotel Casino and Alice Springs Convention Centre) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ford Dynasty Pty Ltd (the “Applicant”). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ford Dynasty Pty Ltd, trading as Lasseters Hotel Casino and Alice Springs Convention Centre, was the respondent in a matter heard by the Fair Work Commission. The applicant, a union representing employees, initiated proceedings concerning the interpretation of the Ford Dynasty Pty Ltd (Lasseters Hotel Casino and Alice Springs Convention Centre) Enterprise Agreement 2013. The dispute centred around the classification and pay rates of certain employees within the enterprise.

The legal issues before the Commission involved the proper interpretation of specific clauses within the enterprise agreement. Key points of contention were the definitions and application of certain terms, particularly those relating to employee classification and associated pay scales. The union argued that certain employees should be classified under a higher pay grade based on their duties and responsibilities, while the employer contended that the current classification was in accordance with the terms of the agreement.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, determined that the classifications and pay rates in question were correctly applied in accordance with the enterprise agreement. The Commission found that the definitions provided within the agreement were clear and that the employees in question did not meet the criteria for the higher pay grade as argued by the union. The reasoning emphasised the importance of adhering to the specific terms of the agreement, and that the classification was based on the roles and responsibilities outlined in the enterprise agreement.

As a result of this determination, the Commission dismissed the application. No changes to the classifications or pay rates of the employees in question were mandated. The decision affirmed the employer's position and upheld the integrity of the enterprise agreement as it stood.

Ford Dynasty Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established