Dana Australia Pty Ltd Summary

[2025] FWCA 1820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dana Australia Pty Ltd

(AG2025/1429)

DANA AUSTRALIA PTY LTD KEYSBOROUGH ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 30 MAY 2025

Application for approval of the Dana Australia Pty Ltd Keysborough Enterprise Agreement 2025

Dana Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Dana Australia Pty Ltd Keysborough Enterprise Agreement 2025 (the Agreement).

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) I note that the Agreement covers the organisation.

Clause 14 of the Agreement, relating to Apprentices, states that trainees can be engaged under the Agreement, but does not contain rates of pay for trainees. The Employer provided an undertaking stating that trainees will not be engaged under the Agreement to resolve this issue.

A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2025. The nominal expiry date of the Agreement is 30 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Dana Australia Pty Ltd for approval of the Keysborough Enterprise Agreement 2025. The respondents to the application were the union representing the employees, United Voice. The dispute centred on the terms and conditions of employment for the employees, including wages, working conditions, and other employment-related matters. The application was heard by the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009 (Cth).

The key legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement as defined by the Fair Work Act and whether it complied with the provisions of the Act. The Commission had to consider whether the agreement was made in good faith, whether it was genuinely negotiated between the parties, and whether it met the statutory requirements for approval. The Commission also had to consider whether the agreement provided for appropriate minimum terms and conditions for the employees, including wages, working hours, and other employment-related matters.

The Commission found that the agreement was a genuine enterprise agreement that complied with the provisions of the Act. The Commission was satisfied that the agreement was made in good faith and that it was genuinely negotiated between the parties. The Commission also found that the agreement provided for appropriate minimum terms and conditions for the employees and that it met the statutory requirements for approval. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Keysborough Enterprise Agreement 2025 and made orders for its registration. The orders included provisions for the agreement to be registered with the Commission and for it to be binding on the parties from the date of registration. The orders also included provisions for the agreement to be available for inspection by the public and for it to be published on the Commission's website. The Commission's decision was based on its finding that the agreement was a genuine enterprise agreement that complied with the provisions of the Fair Work Act and that it provided for appropriate minimum terms and conditions for the employees.

Dana Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established