DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2015/4532)

DEMATIC PTY LTD - HUME DC ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the Dematic Pty Limited - Hume DC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dematic Pty Limited – Hume DC Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 21 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Dematic Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Dematic Pty Limited - Hume DC Enterprise Agreement 2015. The applicants were Dematic Pty Ltd and the Transport Workers Union. The respondents were the FWC and the Independent Pilotage Association of Australia. The nature of the dispute was whether the proposed enterprise agreement complied with the relevant legislative provisions and if it was in the best interests of the employees. The case was heard in the FWC.

The primary legal issues before the FWC were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the agreement provided for minimum rates of pay and conditions, including any safety net entitlements, and whether it was free from any unlawful content. The FWC also had to determine whether the agreement was in the best interests of the employees, considering factors such as the nature of the bargaining, the process followed, and the outcomes achieved.

The FWC found that the proposed agreement satisfied the statutory requirements under the Fair Work Act. It provided for minimum rates of pay and conditions, including safety net entitlements, and was free from any unlawful content. The FWC concluded that the agreement was in the best interests of the employees, considering the nature of the bargaining process, which involved genuine and meaningful negotiations between the parties. The FWC approved the proposed agreement.

The FWC ordered the approval of the Dematic Pty Limited - Hume DC Enterprise Agreement 2015. The agreement was to be registered and have effect from the date of the FWC's decision. The FWC also directed that the agreement be served on all employees covered by the agreement within 28 days of the decision.

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