DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dormakaba Australia Pty Ltd
(AG2018/5823)

DORMAKABA AUSTRALIA PTY LTD (FACTORY) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 20 MARCH 2019

Application for approval of the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by dormakaba 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved dormakaba Australia Pty Ltd and its employees, with the primary dispute centering around the approval of the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2018. The application for approval was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The employees, represented by their union, contested certain provisions of the agreement, arguing that it did not adequately protect their rights and entitlements.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Fair Work Act. A key point of contention was the agreement's provisions on penalty rates, leave entitlements, and the process for resolving workplace disputes. The Commission also had to consider whether the agreement was genuinely negotiated between the employer and the employees and whether it provided for adequate mechanisms for employee representation and consultation.

In delivering its decision, the Commission carefully examined the terms of the agreement against the legislative framework. The Commission found that, overall, the agreement provided for fair and reasonable terms and conditions, and it was satisfied that the procedural requirements had been met. The Commission acknowledged the union's concerns but concluded that the agreement adequately protected the employees' rights while also providing the employer with the flexibility needed to operate the factory efficiently. Consequently, the Commission approved the agreement, recognising it as a bona fide enterprise agreement.

The Fair Work Commission approved the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2018, confirming its validity and effectiveness as a binding agreement between the employer and the employees. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship, subject to the ongoing obligations of both parties under the Fair Work Act.

dormakaba 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