DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DORMA Australia Pty Ltd
(AG2015/6171)

DORMA AUSTRALIA SERVICES ELECTRICIANS ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the DORMA Australia Service Electricians Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DORMA Australia Service Electricians 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 DORMA Australia 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dorman Australia Pty Ltd sought approval for the DORMA Australia Service Electricians Enterprise Agreement 2015. The Fair Work Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a "genuine agreement," free from any improper influence or coercion, and whether it provided for the proper representation of the employees' interests.

The Commission examined the bargaining process and the content of the agreement to ensure it complied with the statutory requirements. This involved verifying that the agreement was made without coercion, that the parties had genuinely negotiated, and that it provided adequate protections for the employees. The Commission also considered the agreement's compliance with the "better off overall test," ensuring that the employees were not disadvantaged by the terms of the agreement.

After reviewing the evidence and submissions, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was genuinely negotiated, free from coercion, and provided fair and reasonable terms for the employees. Consequently, the Fair Work Commission approved the DORMA Australia Service Electricians Enterprise Agreement 2015.

DORMA Australia 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