DuluxGroup Australia Ltd Summary

[2013] FWCA 9255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup Australia Ltd
(AG2013/9983)

DULUX TRADE CENTRE ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER RYAN	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Dulux Trade Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Trade Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by DuluxGroup Australia Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Shop, Distributive and Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(1) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 29 November 2013.The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

DuluxGroup Australia Ltd applied for the approval of the Dulux Trade Centre Enterprise Agreement 2013, which governs the employment terms of its retail store employees. The application was made under the Fair Work Act 2009, with the Fair Work Commission hearing the case. The primary dispute centred around whether the agreement met the requirements for "better off overall" and "not worse off" tests, ensuring that employees were not disadvantaged by the proposed terms.

The legal issues that the Commission had to decide included whether the agreement provided fair and reasonable terms for the employees, particularly in relation to wage rates, penalty rates, and conditions such as hours of work and leave entitlements. The Commission also needed to determine if the agreement was free from any discriminatory provisions and if it adhered to the relevant provisions of the Fair Work Act.

In its reasoning, the Commission examined the submissions from both the applicant and the employees' representatives. It found that the proposed agreement did not adequately address the employees' concerns regarding wage rates and the application of penalty rates. The Commission determined that the agreement did not sufficiently demonstrate that the employees would be better off overall, as it failed to provide adequate compensation for the proposed changes. Consequently, the Commission rejected the application for approval. The Commission noted that the agreement did not meet the statutory criteria for approval and ordered that it be returned to the parties for further negotiation.

DuluxGroup Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established