DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2017/4623)

B&D DOORS AUSTRALIA PTY LTD KILSYTH WORKSHOP ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the B&D Doors Australia Pty Ltd Kilsyth Workshop Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the B&D Doors Australia Pty Ltd Kilsyth Workshop Enterprise Agreement 2017-2020 (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 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. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd was involved in an application for the approval of the B&D Doors Australia Pty Ltd Kilsyth Workshop Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission, where the central issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved determining if the agreement was a genuine enterprise agreement, whether it was free from coercion and undue influence, and if it complied with procedural fairness. The applicant argued that the agreement was fair and reasonable and met all statutory requirements, while the respondents raised concerns about certain clauses and the process by which the agreement was reached.

In delivering its decision, the Fair Work Commission considered the principles set out in the Fair Work Act, including the requirement for genuine agreement, procedural fairness, and the absence of coercion or undue influence. The Commission found that the agreement was genuine, as it was the product of good faith bargaining and not merely an imposition by the employer. Furthermore, the Commission was satisfied that the process followed was fair and that the agreement was free from undue influence or coercion. The Commission ultimately approved the enterprise agreement, finding it met all necessary legal requirements.

As a result of this decision, the B&D Doors Australia Pty Ltd Kilsyth Workshop Enterprise Agreement 2017-2020 was approved and will now govern the terms and conditions of employment for the relevant employees during the specified period. The Commission's decision confirmed the agreement's validity and its compliance with the relevant statutory framework.

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