Dormakaba Australia Pty Ltd

[2022] FWCA 3662

[2022] FWCA 3662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dormakaba Australia Pty Ltd

(AG2022/4146)

dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2022 - 2024

Electrical contracting industry
DEPUTY PRESIDENT BELL	MELBOURNE, 20 OCTOBER 2022

Application for approval of the dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2022 – 2024.

1. An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Dormakaba Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 was approved on 20 October 2022 and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE517863  PR747037>

Annexure A