DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dulux (Australia) Pty Ltd T/A Dulux Powder & Industrial Coatings
(AG2017/4146)

DULUX AUSTRALIA POWDER AND INDUSTRIAL COATINGS POUND ROAD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DuluxGroup (Australia) Pty Ltd T/A Dulux Powder & Industrial Coatings. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings 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.

[4] United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2017. The nominal expiry date of the Agreement is 30 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Dulux (Australia) Pty Ltd T/A Dulux Powder & Industrial Coatings for approval of the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2017. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking the Commission’s approval of the agreement as a registered bargaining agreement. The agreement was proposed to govern the employment terms and conditions of certain employees of Dulux at its Pound Road facility.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. This section mandates that an enterprise agreement must be certified as meeting certain criteria, including that it is in writing, is an enterprise agreement, and complies with the provisions of the Act, including the "better off overall test" under section 231 of the Act. The Commission needed to determine if the agreement satisfied these statutory requirements and whether it was likely to be effective in promoting conciliation, arbitration, and the avoidance of industrial disputes.

In examining the agreement, the Commission considered the evidence presented by both Dulux and the union representing the employees. The Commission assessed whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it met the "better off overall test". The Commission concluded that the agreement met the statutory requirements and was likely to be effective in promoting conciliation, arbitration, and the avoidance of industrial disputes. The agreement was found to be fair and reasonable, with no terms that would lead to a detriment to the employees. Accordingly, the Commission approved the agreement as a registered bargaining agreement.

The final orders of the Commission were that the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2017 be approved as a registered bargaining agreement, effective from the date of the decision. The agreement was to be registered in accordance with section 183 of the Fair Work Act 2009, and the parties were directed to take all necessary steps to give effect to the agreement. The Commission also directed that the agreement be published in the Fair Work Commission’s published list of approved agreements.

Dulux (Australia) Pty Ltd T/A Dulux Powder & Industrial Coatings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established