DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2020/1626)

DEMATIC PTY LIMITED - MULGRAVE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2020

Application for approval of the Dematic Pty Limited - Mulgrave Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dematic Pty Limited - Mulgrave Enterprise Agreement 2019 (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 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2020. Pursuant to s.186(5)(b) the nominal expiry date of the Agreement is 29 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Dematic Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Dematic Pty Limited - Mulgrave Enterprise Agreement 2019. The applicants, Dematic Pty Ltd, sought the commission's endorsement of this agreement, which was intended to govern the employment conditions of the workforce at the Mulgrave facility. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested certain provisions of the agreement, raising concerns about the fairness and adequacy of the proposed terms.

The legal issues before the commission centred on whether the agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was fairly negotiated, if it provided for appropriate minimum terms and conditions, and if it satisfied the requirements for good faith bargaining. The CFMEU argued that several provisions, particularly those concerning shift patterns and overtime, did not meet the standards of fairness and adequacy, and that the negotiation process had not been conducted in good faith.

In deliberating on the matter, the commission examined the evidence provided by both parties, including the negotiation records and submissions made. It considered the nature of the bargaining process, the context in which the agreement was formed, and the content of the agreement itself. The commission found that the agreement largely adhered to the statutory requirements and was reflective of a good faith bargaining process. It concluded that the provisions contested by the respondents were fair and reasonable, and did not contravene any statutory provisions. Accordingly, the commission approved the Dematic Pty Limited - Mulgrave Enterprise Agreement 2019, dismissing the objections raised by the respondents.

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