Dematec Automation Pty Ltd

[2024] FWCA 2737

[2024] FWCA 2737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dematec Automation Pty Ltd

(AG2024/1847)

DEMATEC GROUP ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 26 JULY 2024

Application for approval of the Dematec Group Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Dematec Automation Pty Ltd (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dematec Group Enterprise Agreement 2024 (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 3 June 2024.

1. The notification time for the Agreement under s.173(2) was 8 April 2024 and the Agreement was made on 14 May 2024.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. On 12 June 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking. A Mention was conducted on 19 June 2024 where the Applicant made submissions addressing the issues raised in the correspondence sent on 12 June 2024.

1. I have accepted those submissions and note that should circumstances change with regard to weekend work and rostering patterns in the Agreement, the parties may make an application to the Commission for a reconsideration of the BOOT pursuant to s.227A of the Act.

1. The Applicant has provided written undertakings, dated 19 June 2024, and a copy is attached in Annexure A. No bargaining representatives were appointed.

1. 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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 August 2025.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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