austlii:cth/FWCA/2025/3903
General information, not legal advice.
FWCA
2025-11-21
Original judgment source is linked above.
s.185 - Enterprise agreement
DORMAKABA AUSTRALIA PTY LTD VICTORIA ENTERPRISE AGREEMENT 2024 - 2028
Application for approval of the dormakaba Australia Pty Ltd Victoria Enterprise Agreement 2024 - 2028
[1] Dormakaba Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the dormakaba Australia Pty Ltd Victoria Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.
[4] Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
Clause 35(hh)
Clause 35(ll)
[6] However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2025. The nominal expiry date of the Agreement is 1 December 2028.

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