Dematic Pty Ltd

[2014] FWCA 6972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dematic Pty Ltd
(AG2014/8953)

DEMATIC PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Dematic Pty Ltd Manufacturing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Dematic Pty Ltd Manufacturing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dematic Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 10 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dematic Pty Ltd, sought approval of the Manufacturing Enterprise Agreement 2014, which was to be registered under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to decide whether the agreement met the requirements for registration. The applicant argued that the agreement was a lawful and appropriate means of regulating the employment relationship between the parties. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application, arguing that the agreement did not meet certain statutory requirements and was therefore not eligible for registration.

The primary legal issue before the Commission was whether the Manufacturing Enterprise Agreement 2014 complied with the statutory criteria for registration under the Fair Work Act 2009. The Commission needed to determine whether the agreement contained the necessary provisions and did not include any prohibited content. The respondents argued that the agreement failed to comply with the requirement that it provide for a minimum rate of pay for employees, and that it included provisions that were not directly related to the terms and conditions of employment. The applicant contended that the agreement met all the necessary statutory criteria, and that the respondents' arguments were without merit.

The Fair Work Commission found that the Manufacturing Enterprise Agreement 2014 did not comply with the statutory requirements for registration. The Commission held that the agreement did not contain the necessary provisions to provide for a minimum rate of pay for employees, and that it included provisions that were not directly related to the terms and conditions of employment. The Commission found that the agreement was therefore not eligible for registration under the Fair Work Act 2009. The application was dismissed.

The Fair Work Commission dismissed the application for approval of the Manufacturing Enterprise Agreement 2014. The agreement was found to be non-compliant with the statutory requirements for registration, and was therefore not eligible for registration. The Commission found that the agreement did not contain the necessary provisions to provide for a minimum rate of pay for employees, and that it included provisions that were not directly related to the terms and conditions of employment. The application was dismissed in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established