Dormakaba Australia Pty Ltd T/A Dormakaba

[2019] FWCA 3651

[2019] FWCA 3651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dormakaba Australia Pty Ltd T/A Dormakaba
(AG2019/1176)

DORMAKABA AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2019

Application for approval of the dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd and ETU Enterprise Agreement 2018-2021 (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 T/A Dormakaba. The agreement is a single enterprise agreement.

[2] Pages 66 and 69 of the Agreement contained references to “Apprentices” when none are engaged by the employer and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that references to “Apprentices” are removed. 

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 May 2019 and, in accordance with s.54, will operate from 4 June 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

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<AE503631  PR708724>