DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2015/3959)

DEMATIC PTY LIMITED SMALL RESIDENTIAL SITES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 JULY 2015

Application for approval of the Dematic Pty Limited Small Residential Sites Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dematic Pty Limited Small Residential Sites Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Dematic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 4 August 2015. The nominal expiry date of the Agreement is 3 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Dematic Pty Ltd involved a dispute regarding the approval of the Dematic Pty Limited Small Residential Sites Enterprise Agreement 2015. The Australian Building and Construction Commission (ABCC) applied to the Fair Work Commission (FWC) for approval of the enterprise agreement, which had been registered with the Fair Work Commission Registry. Dematic Pty Ltd, the employer, did not oppose the application, but the ABCC argued that the agreement contained unfair provisions and failed to meet the requirements of the Fair Work Act 2009.

The primary legal issues before the FWC were whether the enterprise agreement contained unfair provisions and whether the agreement met the requirements of the Fair Work Act. The FWC considered the nature of the enterprise agreement, the provisions in question, and the obligations under the Fair Work Act. The FWC examined if the agreement provided for fair and reasonable terms and conditions, and whether the agreement was made in good faith and without coercion.

The FWC found that while the enterprise agreement contained some unfair provisions, these were not significant enough to invalidate the entire agreement. The FWC considered the nature of the provisions and their impact on the employees. The FWC determined that the unfair provisions could be removed without substantially affecting the agreement's overall fairness. The FWC also found that the agreement was made in good faith and without coercion. Consequently, the FWC approved the enterprise agreement with the unfair provisions removed.

The FWC ordered that the Dematic Pty Limited Small Residential Sites Enterprise Agreement 2015 be approved as a certified agreement, with the specified unfair provisions removed. This decision allowed the agreement to come into effect, providing a fair framework for the terms and conditions of employment for the employees covered by the agreement.

Dematic 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