DuluxGroup (Australia) Pty Ltd Summary

[2013] FWCA 3991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2013/1390)

LINCOLN SENTRY (VICTORIA) BAYSWATER ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 20 JUNE 2013

Application for approval of the Lincoln Sentry (Victoria) Bayswater Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Lincoln Sentry (Victoria) Bayswater Enterprise Agreement 2013 (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 National Union of Workers (NUW), 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd recently sought approval of an enterprise agreement in the Fair Work Commission. The applicant, a manufacturer of paints and coatings, had entered into an agreement with the trade union representing its employees. The union claimed that the agreement was in the best interests of the employees, whereas the employer contested that the agreement contained terms that were not fair and reasonable. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval.

The legal issues that the Commission had to decide included whether the agreement contained the necessary good faith bargaining provisions, and if the terms of the agreement were fair and reasonable. The Commission also had to consider if the agreement met the requirements for coverage and if the union had genuinely negotiated the agreement. Furthermore, the Commission had to assess whether the agreement contained provisions that were necessary for the protection of employees and whether the agreement met the threshold for approval under the Fair Work Act.

The Fair Work Commission found that the agreement met the requirements for good faith bargaining and that the union had genuinely negotiated the agreement. The Commission also found that the agreement contained provisions that were necessary for the protection of employees and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement met the coverage requirements and that the agreement was in the best interests of the employees. Consequently, the Commission approved the Lincoln Sentry (Victoria) Bayswater Enterprise Agreement 2013.

The final orders of the Commission included the approval of the enterprise agreement, with specific terms and conditions. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be brought into effect on a specified date. The employer and the union were required to comply with the terms of the agreement, and any disputes arising from the agreement were to be resolved through the Fair Work Commission. Overall, the decision of the Commission provides clarity on the legal standards for enterprise agreements and the role of the Fair Work Commission in approving such agreements.

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