Turn Key Distribution Pty Ltd

The dispute between Turn Key Distribution Pty Ltd and its employees was heard in the Fair Work Commission. The employees contested the terms and conditions outlined in the Turn Key Distribution Pty Ltd Enterprise Agreement 2010. The key issue before the commission was whether the enterprise agreement contained valid and enforceable terms and conditions of employment, specifically addressing the payment of wages and classification of employees.

The commission examined the process by which the enterprise agreement was negotiated and agreed upon, and the extent to which it adhered to the requirements set out in the Fair Work Act 2009. The employees argued that the terms were not fairly negotiated and did not accurately reflect the terms agreed upon. The company contended that the agreement was negotiated in good faith and that the terms were reasonable and fair.

The commission found that the negotiation process was flawed and that the terms of the agreement did not accurately reflect the terms agreed upon by the parties. The commission held that the agreement was not valid and enforceable, and made orders to this effect. The employees were entitled to be paid at a higher rate of pay and to be reclassified accordingly. The company was ordered to pay compensation to the affected employees for the underpayment of wages.