DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dormakaba Australia Pty Ltd
(AG2019/2548)

DORMAKABA AUSTRALIA PTY LTD (QUEENSLAND DIVISION) TECHNICIAN COLLECTIVE AGREEMENT – 2018/2022

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 SEPTEMBER 2019

Application for approval of the Dormakaba Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2018/2022.

[1] An application has been made for approval of an enterprise agreement known as the DORMAKABA AUSTRALIA PTY LTD (QUEENSLAND DIVISION) TECHNICIAN COLLECTIVE AGREEMENT – 2018/2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Dormakaba Australia Pty Ltd sought approval of the Dormakaba Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2018/2022. The dispute involved the terms and conditions of employment for technicians within the applicant's Queensland division. The Fair Work Commission, represented by Deputy President D.C. Morris and Commissioner M.A. Curran, was tasked with reviewing the proposed agreement and determining whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the substantive requirements, such as ensuring fair and reasonable terms of employment. The Commission had to assess if the agreement was genuinely negotiated and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission considered the impact of the agreement on the bargaining power of the parties and whether it facilitated productive workplace relations.

The Commission determined that the agreement was genuinely negotiated and met the procedural requirements under the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the workplace and the parties' bargaining power. The Commission was satisfied that the agreement facilitated productive workplace relations and did not undermine the bargaining power of either party. Consequently, the Fair Work Commission approved the Dormakaba Australia Pty Ltd (Queensland Division) Technician Collective Agreement - 2018/2022, effective from the date of the decision.

Dormakaba Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established