DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DORMA Australia Pty Ltd
(AG2015/3491)

DORMA AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 10 AUGUST 2015

Application for approval of the DORMA Australia Pty Ltd and ETU Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the DORMA Australia Pty Ltd and ETU Enterprise Agreement 2014-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 10 August 2015 and, in accordance with s.54, will operate from 17 August 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DORMA Australia Pty Ltd and the Electrical Trades Union (ETU) sought approval for their Enterprise Agreement for the period 2014-2018. The agreement in question was a collective agreement between the employer and the union, intended to set out the terms and conditions of employment for the union's members.

The primary legal issue before the court was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was "freely" negotiated, if it met the "better off overall test", and whether it contained all the mandated terms and conditions as required by the Fair Work Act.

The Fair Work Commission found that the agreement was indeed "freely" negotiated, as there were no coercions or unfair labour practices involved in its creation. Furthermore, the court concluded that the agreement satisfied the "better off overall test", which means that the employees would be no worse off and at least some would be better off financially under the terms of the agreement compared to the applicable award or registered agreement. The court also confirmed that all mandated terms and conditions were included in the agreement. Based on these findings, the court approved the Enterprise Agreement for the period 2014-2018.

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