Dormakaba Australia Pty Ltd

[2018] FWCA 1206

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Dormakaba Australia Pty Ltd

(AG2017/6594)

DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2015/2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

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

An application has been made for approval of a variation to the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2015/2018 (the Agreement). The title of the agreement has changed to DORMAKABA AUSTRALIA PTY LTD (QUEENSLAND DIVISION) TECHNICIAN COLLECTIVE AGREEMENT – 2015/2018. The application was made by Dormakaba Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 26 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dormakaba Australia Pty Ltd sought a variation of the existing collective agreement with the Queensland Division of the company, specifically the DORMA Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2015/2018. The dispute centred on the terms and conditions of employment, including hours of work, overtime, and shift allowances, for technicians employed under the agreement. The matter was heard in the Fair Work Commission.

The key legal issues revolved around whether the proposed changes to the collective agreement would be consistent with the principles of the Fair Work Act 2009, including the requirement for good faith bargaining and the protection of employees' rights. The Commission also needed to determine if the proposed changes would ensure a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission found that the proposed changes were consistent with the principles of the Act. The Commission held that the changes would not undermine the fundamental rights of the employees, and the employer had engaged in good faith bargaining. The proposed changes were seen as necessary to address operational challenges and ensure the continued viability of the business. The Commission ultimately approved the variation of the collective agreement, allowing the new terms to take effect. The decision underscored the importance of balancing the needs of the employer with the rights and interests of the employees in collective bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established