| [2025] FWCA 314 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Duluxgroup (Australia) Pty Ltd
(AG2024/5160)
DULUX AUSTRALIA POWDER AND INDUSTRIAL COATINGS POUND ROAD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER PERICA | MELBOURNE, 28 JANUARY 2025 |
Application for approval of the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 28 January 2025. It will operate from 4 February 2025 as required by section 54 of the Act. The nominal expiry date is 12 December 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
- AGLC
- Duluxgroup (Australia) Pty Ltd [2025] FWCA 314
- Case
- [2025] FWCA 314
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement provided fair terms and conditions for the employees, whether it met the requirements for "simplification" as outlined in the Fair Work Act, and whether the agreement appropriately balanced the interests of the employer and the employees. Additionally, the Commission had to consider whether the process for seeking employee approval was fair and whether the agreement contained all the necessary components as mandated by the legislation.
In reaching its decision, the Commission thoroughly examined the terms of the proposed agreement, the consultation process with the employees, and the overall fairness of the agreement. The Commission determined that the agreement met the necessary legal criteria and provided fair and reasonable terms for the employees. The Commission approved the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2024, finding that it did not unjustifiably disadvantage any party and appropriately balanced the interests of both the employer and the employees.
The Fair Work Commission's final order was the approval of the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2024, effective from the date of the decision. The Commission's approval signifies that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the relevant employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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