DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Dematic Pty Ltd
(AG2019/5044)

DEMATIC PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 MARCH 2020

Application for approval of the Dematic Pty Ltd Manufacturing Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Dematic Pty Ltd Manufacturing Enterprise Agreement 2019 (‘the Agreement’). The application was made by Dematic Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (“the AMWU”), 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 CEPU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 19 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Dematic Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Dematic Pty Ltd Manufacturing Enterprise Agreement 2019. This application arose amidst a dispute between Dematic, a manufacturer, and its employees represented by the National Union of Workers. The crux of the matter involved the terms and conditions of employment as stipulated in the proposed agreement, which both parties sought to have ratified.

The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the minimum requirements for fair and efficient bargaining, covered all mandatory terms, and adhered to procedural fairness. A key issue was whether the agreement provided adequate protections and benefits to the employees, while also ensuring the business could operate efficiently.

The Commission carefully examined the agreement, considering submissions from both parties. It assessed whether the agreement was genuinely negotiated and whether it provided fair and reasonable terms and conditions for employees. The Commission found that the agreement satisfied the statutory requirements, noting that it was the product of good faith negotiations and met all necessary legislative standards. Consequently, the Commission approved the Dematic Pty Ltd Manufacturing Enterprise Agreement 2019, acknowledging its alignment with the Fair Work Act. The final orders confirmed the agreement's approval, allowing it to come into effect as of the specified date.

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