it would appear my bug report to apple has been answered, and now DEP devices with 9.0.2 can be connected to any existing wifi and have their passcode removed by MDM and then connected to iTunes.
I am also noticing iPads that are apple config supervised are also having their passcode instantly removed.
And for those who haven't heard already, there is also now the ability to disable passcode. which is great for non 1 to 1 devices.
