DECISION

Fair Work Act 2009
s.185—Enterprise agreement

dormakaba Australia Pty Ltd T/A dormakaba Australia Pty Ltd
(AG2018/6697)

DORMAKABA AUSTRALIA PTY LTD SERVICE ELECTRICIANS ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 MAY 2019

Application for approval of the dormakaba Australia Pty Ltd Service Electricians Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd Service Electricians Enterprise Agreement 2018 (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 Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 2 May 2019 and, in accordance with s.54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Dormakaba Australia Pty Ltd to approve the Dormakaba Australia Pty Ltd Service Electricians Enterprise Agreement 2018. The dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to determine if the agreement met the statutory criteria for approval, including whether it provided for the employees' pay and conditions of employment, and if it was made in good faith. The employees, represented by a union, contested the application, arguing that certain provisions of the agreement did not comply with the Act.

The central legal issues before the Commission were whether the agreement contained all the required terms and conditions, whether it had been made in good faith, and if it provided for minimum rates of pay and other entitlements as required by the Act. The Commission had to consider whether the agreement complied with the Fair Work Act's provisions regarding the scope of the agreement, the bargaining process, and the content of the agreement itself. Specifically, the Commission assessed if the agreement's terms adequately covered all employees within the scope of the bargaining and if the bargaining process was genuine and in good faith.

In reaching its decision, the Fair Work Commission noted that the agreement contained all the required terms and conditions and was made in good faith. The Commission found that the agreement provided for the employees' pay and conditions of employment, and it met the statutory criteria for approval. The Commission acknowledged that some provisions of the agreement may have been more favourable to the employer than the applicable awards, but it concluded that these provisions did not breach the Act. The Commission determined that the agreement complied with the requirements of the Fair Work Act and approved the Dormakaba Australia Pty Ltd Service Electricians Enterprise Agreement 2018.

The Fair Work Commission approved the agreement and ordered that it be registered with the Fair Work Commission. The agreement was to commence on the first day of the first pay period after the registration, and it would remain in effect until it was terminated or replaced by a new agreement. The Commission's decision ensured that the employees would benefit from the terms and conditions outlined in the agreement, while also providing certainty to the employer regarding the employees' pay and conditions of employment.

dormakaba Australia Pty Ltd T/A 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