DORMA Australia Pty Ltd T/A DORMA Australia Summary

[2014] FWCA 5218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DORMA Australia Pty Ltd T/A DORMA Australia
(AG2014/6899)

DORMA AUSTRALIA PTY LTD (FACTORY) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2014

Application for approval of the DORMA Australia Pty Ltd (Factory) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DORMA Australia Pty Ltd (Factory) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by DORMA Australia Pty Ltd T/A DORMA Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DORMA Australia Pty Ltd trading as DORMA Australia, sought approval of the DORMA Australia Pty Ltd (Factory) Enterprise Agreement 2014. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of the respondent, the Australian Manufacturing Workers' Union. The issues at hand primarily revolved around the procedural fairness of the bargaining process, the coverage of the agreement, and whether the agreement met the requirements set forth in the Fair Work Act.

The court was required to determine whether the enterprise agreement was appropriately negotiated and whether it contained all the mandated terms and conditions. Additionally, the court needed to assess whether the agreement provided for a fair and efficient workplace and whether it complied with the procedural requirements set out in the legislation. The court also examined whether the agreement included all the prescribed minimum terms and conditions as stipulated in the Fair Work Act.

Upon reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the application met the statutory criteria for approval. The court found that the agreement was negotiated in good faith and that it covered all relevant employees. The commission also determined that the agreement provided for a fair and efficient workplace and included all the prescribed minimum terms and conditions. Consequently, the application was approved, and the DORMA Australia Pty Ltd (Factory) Enterprise Agreement 2014 was authorised.

DORMA Australia Pty Ltd T/A DORMA Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established