DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DORMA Australia Pty Ltd
(AG2015/7199)

DORMA AUSTRALIA PTY LTD (QUEENSLAND DIVISION) TECHNICIAN COLLECTIVE AGREEMENT - 2015/2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2015/2018.

[1] An application has been made for approval of an enterprise agreement known as the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2015/2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DORMA Australia Pty Ltd applied to the Fair Work Commission for the approval of the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement 2015/2018. The applicant is an employer engaged in the manufacture of security hardware and the provision of related services. The respondent is a trade union representing employees of the applicant. The nature of the dispute is whether the agreement meets the requirements of the Fair Work Act 2009 (Cth) for approval by the Commission.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it met the standard of being in the best interests of the employees. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission had to assess whether the agreement contained mandatory terms as defined in the Act, and whether the union had genuinely bargained on behalf of the employees.

In deciding the application, the Commission considered the nature of the bargaining process and the content of the agreement. The Commission found that the agreement was made in good faith and that the union had genuinely represented the employees. The terms and conditions were found to be fair and reasonable, and the agreement was in the best interests of the employees. The Commission noted that the agreement contained mandatory terms and that these were appropriately addressed. The Commission concluded that the agreement met the statutory requirements and was approved it accordingly.

The Fair Work Commission approved the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement 2015/2018. The Commission found that the agreement was made in good faith, represented the employees genuinely, and contained fair and reasonable terms and conditions. The Commission further found that the agreement met the statutory requirements under the Fair Work Act and was in the best interests of the employees. The approval is effective from the date of the decision.

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