B&D Australia Pty Ltd T/A B&D Australia Pty Ltd

[2019] FWCA 687

[2019] FWCA 687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B&D Australia Pty Ltd T/A B&D Australia Pty Ltd
(AG2018/7369)

DULUXGROUP (B&D REVESBY) - ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the DuluxGroup (B&D Revesby) - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DuluxGroup (B&D Revesby) - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&D Australia Pty Ltd T/A B&D Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12(d) - Employment-All Employees

•  Clause 22(c) - Notice Periods

•  Clause 24 - Withholding Money due to an Employee

•  Clause 34(a) - Annual Leave

•  Clause B.5a(ii) - Severance pay

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 12 December 2021.

COMMISSIONER

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