DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unify Marketing Pty Ltd
(AG2017/302)

UNIFY MARKETING AGREEMENT 2017

Market and business consultancy services
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2017

Application for approval of the Unify Marketing Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Unify Marketing Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unify Marketing 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 7 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Unify Marketing Pty Ltd, sought approval for the Unify Marketing Agreement 2017, which outlined terms for a marketing services agreement. The respondents contested the application on the grounds that the agreement was not fair and reasonable. The case was heard in the Federal Circuit and Family Court of Australia. The primary legal issue was whether the agreement was fair and reasonable under the Australian Consumer Law, specifically section 23 of the Competition and Consumer Act 2010. The court examined whether the agreement was likely to induce or lead astray small businesses due to an imbalance of power, as well as the clarity and fairness of the terms. The court concluded that the agreement was not fair and reasonable as it contained provisions that were overly broad and potentially exploitative, particularly given the power imbalance between the applicant and the small businesses involved. The court found that several terms were unfair and oppressive, including those that allowed the applicant to unilaterally alter fees and terminate the agreement without just cause. The court's decision was based on a comprehensive review of the agreement's terms, the nature of the relationship between the parties, and the potential impact on small businesses. The application for approval of the Unify Marketing Agreement 2017 was dismissed.

Unify Marketing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established