DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dormakaba Australia Pty Ltd
(AG2017/6559)

DORMAKABA AUSTRALIA PTY LTD - NSW ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2018

Application for approval of the dormakaba Australia Pty Ltd - NSW Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd - NSW Enterprise Agreement 2017 - 2020 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dormakaba Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The Fair Work Australia union, representing the employees, contested the application, asserting that certain provisions of the agreement were unfair. The matter was heard in the Fair Work Commission, with Commissioner Cowlrick presiding.

The central legal issue before the Commission was whether certain provisions of the proposed enterprise agreement were unfair. The union argued that provisions related to shift patterns and leave entitlements were unfair because they imposed excessive workloads and inadequate leave provisions on the employees. The employer, on the other hand, maintained that the provisions were necessary to manage operational demands and were fair to the employees.

Commissioner Cowlrick determined that the provisions in question were indeed unfair. The Commissioner found that the shift patterns resulted in unreasonable workloads for employees, with long shifts and insufficient rest periods. Additionally, the leave entitlements were found to be inadequate, failing to provide employees with sufficient time off. Consequently, the Commission rejected the application for approval of the enterprise agreement as it contained these unfair provisions. The decision emphasised the importance of balancing the needs of the employer with the rights and entitlements of the employees.

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