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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved B&D Australia Pty Ltd, trading as B&D Australia Pty Ltd, and the DuluxGroup. The dispute centred on the application for the approval of the DuluxGroup (B&D Revesby) - Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction to make binding decisions on employment matters. The applicants, B&D Australia Pty Ltd, sought approval of the proposed enterprise agreement, which aimed to govern the employment terms and conditions of the workforce within the specified enterprise. The DuluxGroup, the respondent, contested certain provisions of the agreement, arguing they were not fair and reasonable.

The central legal issues before the court were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, covered the appropriate bargaining unit, and provided for a fair and reasonable terms and conditions of employment. The court also needed to consider the implications of the Fair Work (Registered Organisations) Act 2009, which mandates that the agreement be made by a registered organisation representing the employees. Furthermore, the court had to ensure that the agreement complied with the Fair Work (Transition to Workplace Agreements) Act 1998, which requires that the agreement be free from certain unfair provisions.

In reaching its decision, the court meticulously reviewed the evidence and arguments presented by both parties. The court found that the agreement was made in good faith and by a registered organisation representing the employees. The agreement was also found to cover the appropriate bargaining unit and to provide for fair and reasonable terms and conditions of employment. The court considered the fairness of the agreement by examining its provisions in the context of the existing industrial relations framework and relevant legislation. Ultimately, the court was satisfied that the agreement met all the statutory requirements for approval and did not contain any unfair or unreasonable provisions. Consequently, the court approved the DuluxGroup (B&D Revesby) - Enterprise Agreement 2018, effective from the date of the decision.

The court's final orders were that the DuluxGroup (B&D Revesby) - Enterprise Agreement 2018 be approved, and it would take effect from the date of the decision. The agreement would govern the employment terms and conditions for the specified bargaining unit, and the parties were required to abide by its provisions. The court's approval signified that the agreement met the legal standards for fairness and reasonableness, and it would now form the basis for the employment relationship within the enterprise.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established