Dormakaba Australia Pty Ltd

[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.

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.

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.

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Dormakaba Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with the Electrical Trades Union (ETU). The agreement was for the period of 2022 to 2024. The dispute arose from the application, with the ETU arguing that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the Act and whether it was appropriate for approval.

The court had to decide if the enterprise agreement met the necessary standards and if it was fair and reasonable. This included examining whether the agreement provided for a genuine negotiation process, and if it covered the prescribed matters in line with the Act. The court also had to ensure that the agreement did not adversely affect employees in a way that was not in their best interests. Furthermore, the court had to consider if the agreement contained provisions that were contrary to public policy or were otherwise invalid.

In its decision, the Fair Work Commission found that the agreement was the result of genuine negotiations and covered all the prescribed matters. The court acknowledged the need for the agreement to be fair and reasonable, taking into account the interests of both the employer and the employees. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. The Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act 2009 and appropriate for endorsement.

The Fair Work Commission approved the dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2022 – 2024, confirming that it met the requirements of the Fair Work Act 2009. The agreement was deemed fair and reasonable, with no provisions that were contrary to public policy. This decision ensured that the terms of the agreement would govern the employment conditions of the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established