DuluxGroup (Australia) Pty Ltd
[2019] FWCA 1694
•15 MARCH 2019
| [2019] FWCA 1694 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DuluxGroup (Australia) Pty Ltd
(AG2018/6026)
DULUXGROUP DANDENONG SOUTH OPERATIONS ENTERPRISE AGREEMENT 2018-2020
Manufacturing and associated industries | |
COMMISSIONER YILMAZ | MELBOURNE, 15 MARCH 2019 |
Application for approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2018-2020.
[1] An application has been made for approval of an enterprise agreement known as the DuluxGroup Dandenong South Operations Enterprise Agreement 2018-2020 (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. The Agreement is a single enterprise agreement.
[2] The Employer 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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] 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.
[6] The Agreement is approved and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 16 October 2020.
COMMISSIONER
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Annexure A
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