Dormakaba Australia Pty Ltd

[2018] FWCA 2138

[2018] FWCA 2138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Dormakaba Australia Pty Ltd
(AG2018/692)

DORMA AUSTRALIA SERVICE ELECTRICIANS ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2018

Application for variation of the DORMA Australia Service Electricians Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the DORMA Australia Service Electricians Enterprise Agreement 2015 (the Agreement). The application was made by Dormakaba Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] A variation was made to the title of the Agreement which replaces the Agreement title Dorma Australia Service Electricians Enterprise Agreement 2015 (“Agreement”) with the following:

dormakaba Australia Pty Ltd Service Electricians Enterprise Agreement 2015 (“Agreement”)

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 27 November 2015. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 13 April 2018.

DEPUTY PRESIDENT

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<AE416840  PR601992>