DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2017/4757)

DEMATIC PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 NOVEMBER 2017

Application for approval of the Dematic Pty Ltd Manufacturing Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dematic Pty Ltd Manufacturing Enterprise Agreement 2016 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 13 November 2017. The nominal expiry date of the Agreement is 12 November 2019.

[5] The Applicant sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Dematic Pty Ltd and its employees, who were seeking approval of a manufacturing enterprise agreement. The dispute was brought before the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was "better off overall" for the employees and if it contained the necessary provisions for a "modern award."

The FWC considered the provisions of the agreement and the evidence presented by both parties. It found that the proposed agreement provided for pay rates and conditions that were at least as good as those provided by the applicable modern award, thereby meeting the "better off overall" test. The FWC also examined the inclusion of relevant terms and conditions that aligned with modern employment standards. After careful consideration, the FWC determined that the agreement satisfied all necessary legal requirements.

Consequently, the FWC approved the Dematic Pty Ltd Manufacturing Enterprise Agreement 2016. This approval ensures that the agreement will be legally binding on the parties, providing a framework for the terms and conditions of employment for the employees of Dematic Pty Ltd. The decision was made in light of the comprehensive nature of the agreement and its compliance with the statutory requirements set out in the Fair Work Act 2009.

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