Dysons MZF Pty Ltd Trading AS Dyson Group

[2025] FWC 937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

Dysons MZF Pty Ltd Trading AS Dyson Group

(AG2025/361)

LC DYSONS BUS SERVICES FLEET SERVICES ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 APRIL 2025

Application for an order relating to instruments covering new employer and non-transferring employees.

Dysons MZF Pty Ltd (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the LC Dysons Bus Services Fleet Services Enterprise Agreement 2024 – 2027[1] (the Agreement) covers the Applicant in respect of non-transferring employees who perform the work contained within the job classifications provided by the Agreement.

The Applicant has filed a statutory declaration in support of its application. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) is covered by the Agreement and supports the application.

I have taken into account the material provided by the Applicant in support of its application and the matters set out in s.319(3) of the Act. I am satisfied the materials provided by the Applicant, when considered against the matters set out in s.319(3) of the FW Act, support the making of the order.

An order to this effect will be issued with this decision.[2]

COMMISSIONER

[1] AE527541.

[2] PR785803.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dysons MZF Pty Ltd, trading as Dyson Group, applied for an order relating to instruments that cover a new employer and non-transferring employees. The application stemmed from the acquisition of certain business operations by a new entity, resulting in a dispute over the terms and conditions of employment for employees who did not transfer to the new employer.

The central legal issue before the Commission was whether the new employer was bound by the existing enterprise agreements and the implications of those agreements for the non-transferring employees. Specifically, the Commission needed to determine the applicability of the existing agreements to the new employer and whether the non-transferring employees should remain under the terms of those agreements or transition to a new set of terms.

The Commission held that the new employer was not bound by the existing enterprise agreements that covered the transferred business. However, the non-transferring employees would continue to be governed by those agreements until a new agreement was negotiated or until they were otherwise disengaged from the existing agreements. The Commission reasoned that, in the absence of specific provisions in the agreements that would otherwise bind the new employer, the new employer was not subject to the agreements' terms. For the non-transferring employees, the Commission determined that continuity of employment and service under the existing agreements was maintained until a new arrangement was agreed upon or they left the business. This approach balanced the rights of the non-transferring employees with the new employer's need for flexibility in setting terms of employment.

The Commission's orders reflected its findings, confirming that the new employer was not bound by the existing enterprise agreements, while the non-transferring employees would remain subject to those agreements until further notice. The decision provided clarity for both the new employer and the non-transferring employees, ensuring a smooth transition and continuity in the employment arrangements for those not transferring to the new employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established