DuluxGroup (Australia) Pty Ltd Summary

[2013] FWCA 7182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2013/2421)

DULUX AUSTRALIA, POWDER AND INDUSTRIAL COATINGS, POUND ROAD, ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Dulux Australia, Powder and Industrial Coatings, Pound Road, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Australia, Powder and Industrial Coatings, Pound Road, Enterprise Agreement 2013 (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] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd applied for approval of the Dulux Australia, Powder and Industrial Coatings, Pound Road, Enterprise Agreement 2013, which had been negotiated with the Australian Manufacturing Workers’ Union. The company sought the approval under section 186 of the Fair Work Act 2009, as it believed the agreement constituted a “better off overall test” for the employees. The Union opposed the application, arguing that the agreement failed to meet the requirements of the Act, particularly concerning the protection of employees' rights.

The primary legal issues the court had to address were whether the agreement met the statutory requirements of the Fair Work Act 2009, specifically whether it passed the "better off overall test" and whether it provided adequate protection for employees' rights and entitlements. The court needed to assess if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment.

The court found that the agreement did indeed meet the statutory requirements under the Fair Work Act 2009. It determined that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The court also concluded that the agreement passed the "better off overall test," meaning that the employees would be better off with the terms of the agreement compared to the applicable awards or other agreements. Consequently, the court approved the agreement under section 186 of the Act.

The court made orders approving the Dulux Australia, Powder and Industrial Coatings, Pound Road, Enterprise Agreement 2013, effective from the date of the order. The agreement was to be registered and published as required by the Fair Work Act 2009.

DuluxGroup (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established