DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2015/2624)

DULUXGROUP DANDENONG SOUTH OPERATIONS ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MAY 2015

Application for approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the DuluxGroup Dandenong South Operations Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by DuluxGroup (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 20 May 2015.The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd applied to the Fair Work Commission for approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2015-2018. The applicant sought to have the agreement approved as a modern award to govern the employment of its employees in the Dandenong South Operations. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which argued that the proposed agreement did not provide for adequate minimum rates of pay and entitlements. The Commission had to determine whether the agreement satisfied the requirements of the Fair Work Act 2009 and was fair and reasonable in all its terms. The Commission found that the proposed agreement was not a low paid modern award and did not require approval under section 234 of the Act. The Commission also found that the agreement was fair and reasonable in all its terms, including the provisions relating to pay and conditions. The Commission noted that the agreement provided for a 2% wage increase each year, which was in line with the Consumer Price Index, and provided for a range of other benefits, including annual leave loading, shift loading and penalty rates for work on Sundays and public holidays. The Commission also found that the agreement contained provisions that were designed to facilitate a more flexible and efficient workplace, including provisions relating to the use of labour hire workers and the introduction of a shift system. The Commission approved the proposed agreement as a low paid modern award. The Commission found that the agreement provided for adequate minimum rates of pay and entitlements and was fair and reasonable in all its terms. The agreement was approved as a low paid modern award and will govern the employment of the applicant's employees in the Dandenong South Operations from 1 July 2015 to 30 June 2018.

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