Dormakaba Australia Pty Ltd

[2024] FWCA 634

[2024] FWCA 634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dormakaba Australia Pty Ltd

(AG2024/213)

DORMAKABA AUSTRALIA PTY LTD (FACTORY) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 19 FEBRUARY 2024

Application for approval of the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd (Factory) Enterprise Agreement 2024 (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.

1. On 12 February 2024, my Chambers sent correspondence to the parties outlining issues relating to the Agreement. These issues were:

• The Notice of Employee Representational Rights (NERR) that was issued to the employees stated that employees classified from C14 to C6 (inclusive) under the Award would be covered by the Agreement. This is a broader range of classifications than as outlined in clause 4.1(c) of the Agreement, which states that the Agreement will cover employees classified from C14 to C10 (inclusive). I sought submissions to address this issue.

• Clauses 3, 27.1(e) and 27.1(f) of the Agreement referred to apprentices, but pay rates for apprentices were not provided. I sought submissions and/or an undertaking on whether apprentices and/or trainees were employed and if so, what rates of pay they received.

1. The Employer has submitted that the reference in the NERR to C9 to C6 employees is a minor or procedural or technical error within the meaning of s.188(5) of the Act and that as it does not employ employees in the C9 to C6 classification range, no employees were disadvantaged by the error. I accept these submissions and exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. The Employer submitted that it does not currently employ apprentices or trainees, does not intend to employ them for the foreseeable future, and does not anticipate that the Agreement would apply to trainees or apprentices. I accept the Employer’s submission and am satisfied that for the purpose of s.193A(6) of the Act that apprentices and trainees are not types of employment that are reasonably foreseeable and therefore relevant for the better off overall test.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

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