Dormakaba Australia Pty Ltd T/A Dormakaba Australia Pty Ltd Summary

[2023] FWCA 1376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dormakaba Australia Pty Ltd T/A Dormakaba Australia Pty Ltd

(AG2023/982)

DORMAKABA AUSTRALIA PTY LTD - GREATER SYDNEY ENTERPRISE AGREEMENT 2023-2025

Technical services
DEPUTY PRESIDENT EASTON	SYDNEY, 12 MAY 2023

Application for approval of the Dormakaba Australia Pty Ltd - Greater Sydney Enterprise Agreement 2023-2025.

Dormakaba Australia Pty Ltd (the Employer) has made an application for the approval of the Dormakaba Australia Pty Ltd - Greater Sydney Enterprise Agreement 2023-2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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) was a bargaining representative for the Agreement and 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought before the Fair Work Commission by Dormakaba Australia Pty Ltd, trading as Dormakaba Australia Pty Ltd, seeking approval of the Greater Sydney Enterprise Agreement 2023-2025. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act 2009. The legal issues before the court involved assessing whether the agreement complied with the procedural and substantive requirements set out in the Act. This included verifying that the agreement was made in good faith, was free from coercion or harassment, and provided for a fair and efficient workplace. The court also had to consider whether the agreement addressed the needs of the employees and whether it was consistent with the national workplace relations system.

The Fair Work Commission, in delivering its decision, focused on ensuring that the agreement provided for the employees' best interests and maintained a fair balance between the rights and obligations of the employer and the employees. The Commission examined the process through which the agreement was negotiated, the provisions of the agreement itself, and the evidence presented by both parties. The Commission found that the agreement was negotiated in good faith and without any coercion or harassment. It also determined that the agreement addressed the needs of the employees and provided for their fair and efficient workplace. The court approved the agreement, finding it to be consistent with the national workplace relations system and in compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Greater Sydney Enterprise Agreement 2023-2025. The Commission found that the agreement was made in good faith, was free from coercion or harassment, and provided for a fair and efficient workplace. The Commission also determined that the agreement addressed the needs of the employees and was consistent with the national workplace relations system. The decision was made in line with the requirements of the Fair Work Act 2009.

Dormakaba Australia Pty Ltd T/A Dormakaba Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established