DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DORMA Australia Pty Ltd T/A DORMA Australia
(AG2015/182)

DORMA AUSTRALIA PTY LTD - NSW UNION COLLECTIVE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 FEBRUARY 2015

Application for approval of the Dorma Australia Pty Ltd - NSW Union Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dorma Australia Pty Ltd - NSW Union Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the FairWork Act 2009 (the Act). 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] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 6 March 2015. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Annexure A

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, applied for the approval of the Dorma Australia Pty Ltd - NSW Union Collective Agreement 2014-2017. The applicant and the respondent, the Electrical Trades Union of Australia, are engaged in a dispute regarding the terms and conditions of employment for employees covered by the proposed agreement. The matter was heard by the Commission, with the decision made by Commissioner S. R. Smith.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for good faith bargaining, and if it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees and if it was consistent with the principles of the national workplace relations system.

After examining the evidence and submissions from both parties, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission determined that the applicant had engaged in good faith bargaining with the respondent and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was in the best interests of the employees and aligned with the principles of the national workplace relations system.

The Commission approved the Dorma Australia Pty Ltd - NSW Union Collective Agreement 2014-2017, effective from 1 April 2014, and in place until 31 March 2017. The agreement was registered under the Fair Work Act 2009, and the parties were directed to take all necessary steps to give effect to the approved agreement. The Commission also directed that any disputes arising from the agreement should be referred to the Fair Work Commission for resolution.

DORMA Australia Pty Ltd T/A DORMA Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established