dormakaba Australia Pty Ltd

[2025] FWCA 3060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

dormakaba Australia Pty Ltd

(AG2025/2798)

DORMAKABA AUSTRALIA PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2024-2027

Technical services
COMMISSIONER SLOAN	SYDNEY, 10 SEPTEMBER 2025

Application for approval of the dormakaba Australia Pty Ltd Newcastle Enterprise Agreement 2024-2027

dormakaba Australia Pty Ltd has applied for approval of a single enterprise agreement known as the dormakaba Australia Pty Ltd Newcastle Enterprise Agreement 2024-2027 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).

dormakaba has provided undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”), which was a bargaining representative for the Agreement, on the undertakings. Pursuant to section 190(3) of the Act, I accept the undertakings. The undertakings are taken to be a term of the Agreement.

Having regard to the undertakings and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

The CEPU has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the CEPU.

The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 17 September 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by dormakaba Australia Pty Ltd for approval of the Enterprise Agreement (EA) they had negotiated with their employees in Newcastle, covering the period 2024-2027. The Fair Work Commission (FWC) was asked to determine whether the EA met the necessary legal standards for approval and if it contained the appropriate protections for employees. The application was heard in the Federal Circuit Court of Australia.

The primary legal issue for the court was to ascertain whether the EA complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to consider whether the EA was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a fair balance of benefits and detriments compared to their previous conditions of employment. The court also had to examine if the EA was appropriately registered with the Fair Work Commission and if it contained the required minimum terms and conditions as set out in the Fair Work Act.

In delivering its decision, the court thoroughly reviewed the EA to ensure that it met all statutory requirements. The court found that the EA did indeed provide a BOOT for employees and that it contained all necessary minimum terms and conditions. Furthermore, the court confirmed that the EA was appropriately registered with the Fair Work Commission. As a result, the court approved the EA, finding it to be fair and in compliance with the Fair Work Act.

The final orders of the court were that the Enterprise Agreement between dormakaba Australia Pty Ltd and their Newcastle employees for the period 2024-2027 was approved and registered with the Fair Work Commission. This decision ensured that the agreement could be implemented, providing a legally binding framework for the employment conditions of the affected workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established