DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2019/84)

YATES MT DRUITT WAREHOUSE ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2019

[1] An application has been made for approval of an enterprise agreement known as the Yates Mt Druitt Warehouse Enterprise Agreement 2019 (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 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 – Contract of Employment – All Employees

However, noting clause 7 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by DuluxGroup (Australia) Pty Ltd to obtain approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2019. This application was made to the Fair Work Commission, which is responsible for regulating workplace relations in Australia. The applicant sought approval of the enterprise agreement to ensure it complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was necessary to facilitate the smooth operation of its business by establishing the terms and conditions under which its employees would work.

The primary legal issues the Commission had to resolve were whether the enterprise agreement met the requirements of the Fair Work Act and whether it was made in accordance with the procedural requirements of the Fair Work (Registered Organisations) Act. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act, and if it was made free from any improper conduct. Additionally, the Commission had to ensure that the agreement was negotiated in good faith and that it provided for a fair and reasonable method of determining employees' wages and other conditions of employment.

The Commission found that the enterprise agreement met all the necessary statutory requirements and was made in accordance with the procedural provisions of the Fair Work (Registered Organisations) Act. The agreement contained all the mandatory terms prescribed by the Act, and it was determined that there was no improper conduct in its negotiation. Furthermore, the Commission concluded that the agreement provided for a fair and reasonable method of determining employees' wages and other conditions of employment. Consequently, the Commission approved the Yates Mt Druitt Warehouse Enterprise Agreement 2019, thereby enabling the applicant to implement the agreement.

DuluxGroup (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