Dematic Pty Ltd T/A Dematic Pty Ltd Summary

[2025] FWCA 470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dematic Pty Ltd T/A Dematic Pty Ltd

(AG2024/5133)

DEMATIC PTY LTD – MULGRAVE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 FEBRUARY 2025

Application for approval of the Dematic Pty Ltd – Mulgrave Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Dematic Pty Ltd – Mulgrave Enterprise Agreement 2024 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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers both of the organisations.

The Agreement is approved and in accordance with s.54, will operate from 13 February 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dematic Pty Ltd, trading as Dematic Pty Ltd, recently sought the Fair Work Commission's approval of the Dematic Pty Ltd – Mulgrave Enterprise Agreement 2024. This matter arose as part of the enterprise bargaining process between the employer and its employees, as governed under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for enterprise agreements, including provisions on minimum entitlements, individual flexibility arrangements, and procedural fairness. The Commission's task was to determine if the agreement was appropriately negotiated and if it adhered to the statutory standards set out in the Fair Work Act.

The legal issues before the Commission were multifaceted, focusing on the compliance of the agreement with the Fair Work Act's provisions. Specifically, the Commission examined whether the agreement had been fairly negotiated, if it provided for the minimum entitlements as required by law, and whether it contained valid individual flexibility arrangements. Additionally, the Commission needed to assess if the agreement included appropriate dispute resolution procedures and if it had been appropriately certified by the Australian Building and Construction Commission. Each of these elements was critical to ensuring the agreement's validity and enforceability.

In reaching its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the agreement was the product of genuine negotiations and that it met the statutory requirements for enterprise agreements. The agreement included provisions for minimum entitlements and contained valid individual flexibility arrangements. Furthermore, the Commission was satisfied that the dispute resolution procedures were appropriate and that the agreement had been certified in accordance with the Act. Consequently, the Commission approved the Dematic Pty Ltd – Mulgrave Enterprise Agreement 2024, finding it to be a lawful and appropriate agreement under the Fair Work Act. The approval ensures that the terms of the agreement are now binding on the employer and the employees covered by the agreement.

The Commission's final order was the approval of the Dematic Pty Ltd – Mulgrave Enterprise Agreement 2024, effective from the date of the decision. This approval means that the agreement can now be implemented, providing a legally binding framework for the terms and conditions of employment for the employees within the covered workforce. This decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and that they are the product of genuine bargaining processes.

Dematic Pty Ltd T/A Dematic Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established