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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Dormakaba Australia Pty Ltd, trading as Dormakaba, sought approval for its Enterprise Agreement 2018-2021 from the Fair Work Commission. The agreement was intended to regulate the employment conditions of its workers represented by the Electrical Trades Union (ETU). The dispute centred on whether the agreement met the legal standards set forth by the Fair Work Act 2009. The court was required to scrutinise the agreement's provisions to determine if they complied with the legislative requirements and if they provided fair terms and conditions for the employees.

The primary legal issue before the court was whether the agreement was in the best interests of the employees. The court had to examine if the agreement provided for a fair and reasonable set of terms and conditions, and if it was free from any discriminatory provisions. Additionally, the court assessed whether the agreement had been fairly negotiated and if it met the criteria for "modern awards" under the Fair Work Act. The court also considered the process through which the agreement was negotiated and whether it complied with procedural fairness.

The court concluded that the agreement met the necessary standards for approval. It found that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. The court noted that the agreement addressed key employment issues, including wages, hours of work, and dispute resolution mechanisms, in a manner that was equitable for both parties. The court further determined that the agreement complied with the legislative requirements and was in the best interests of the employees. Therefore, the court granted approval for the Enterprise Agreement 2018-2021.

The final orders of the court were that the Enterprise Agreement 2018-2021 be approved as meeting the requirements of the Fair Work Act 2009. The agreement was to take effect from the date of the approval and would govern the employment conditions of the workers until its expiry in 2021. The court's decision ensured that the agreement would be binding on the parties and enforceable under the Act.

Dormakaba Australia Pty Ltd T/A Dormakaba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established