DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2015/3902)

DULUX ACRATEX SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 JULY 2015

Application for approval of the Dulux Acratex South Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Acratex South Australia Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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] The Agreement was approved on 17 July 2015 and, in accordance with s.54, will operate from 24 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd applied for the approval of the Dulux Acratex South Australia Enterprise Agreement 2015, which was contested by the Australian Workers’ Union. The dispute was heard in the Fair Work Commission, where the primary issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for "covering" a class of employees as required by section 230 of the Act, and whether the agreement was "genuinely agreed" as per section 231.

The court examined the application to approve the agreement, considering the definition of "covering" under section 230. The court found that the agreement, which covered employees in the Acratex division of DuluxGroup in South Australia, adequately defined the class of employees it intended to cover. The court also considered the "genuinely agreed" requirement under section 231, evaluating the process through which the agreement was negotiated and the extent of employee participation. The evidence presented showed that the agreement was negotiated between the employer and the union, and that a majority of the affected employees had voted in favour of the agreement, satisfying the requirement for genuine agreement.

Having determined that the enterprise agreement met the statutory requirements, the court approved the Dulux Acratex South Australia Enterprise Agreement 2015. The court found that the agreement was validly made and covered the specified class of employees, and that it complied with the necessary provisions of the Fair Work Act 2009. The court's approval ensures that the agreement can now be implemented as a legally binding contract between the employer and the employees covered by 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