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austlii:cth/FWCA/2025/1820
defendant. Approved
The Fair Work Commission approved an enterprise agreement for Dana Australia Pty Ltd. The Australian Manufacturing Workers' Union was covered by the agreement after giving proper notice. The agreement originally allowed for trainees but didn't include their pay rates, so the company promised not to hire trainees under this agreement. This promise (undertaking) fixed the problem, and the agreement was approved to start on 6 June 2025 and end on 30 May 2028.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
DANA AUSTRALIA PTY LTD KEYSBOROUGH ENTERPRISE AGREEMENT 2025
Application for approval of the Dana Australia Pty Ltd Keysborough Enterprise Agreement 2025
[1] Dana Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Dana Australia Pty Ltd Keysborough Enterprise Agreement 2025 (the Agreement).
[2] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), 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) I note that the Agreement covers the organisation.
[3] Clause 14 of the Agreement, relating to Apprentices, states that trainees can be engaged under the Agreement, but does not contain rates of pay for trainees. The Employer provided an undertaking stating that trainees will not be engaged under the Agreement to resolve this issue.
[4] A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
[5] Subject to the undertaking referred to above, 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2025. The nominal expiry date of the Agreement is 30 May 2028.
Printed by authority of the Commonwealth Government Printer
Approved