DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2015/3226)

PARCHEM CONSTRUCTION SUPPLIES PTY LTD (BRUNSWICK) AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Parchem Construction Supplies Pty Ltd (Brunswick) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parchem Construction Supplies Pty Ltd (Brunswick) 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. 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.

[3] The Australian Manufacturing Workers Union 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.

[4] The Agreement was approved on 8 July 2015 and, in accordance with s.54, will operate from 15 July 2015. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd sought approval for the Parchem Construction Supplies Pty Ltd (Brunswick) Agreement 2015 in the Fair Work Commission. The agreement sought to establish terms and conditions of employment for certain employees of Parchem Construction Supplies Pty Ltd. The application for approval came before the Commission, which needed to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement had been made in good faith, whether it had been made without coercion, and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement met the requirements for a simplified bargaining agreement, which allowed for a streamlined process for agreements that met certain criteria.

In considering these issues, the Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement had been made in good faith, without coercion, and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the requirements for a simplified bargaining agreement. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties.

The Commission made orders approving the Parchem Construction Supplies Pty Ltd (Brunswick) Agreement 2015 as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was registered on the date of the Commission's decision and became operative from 1 July 2015. The decision provides guidance for employers and employees seeking to negotiate and register similar agreements in the future.

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