DuluxGroup (Australia) Pty Ltd Summary

[2013] FWCA 2925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2013/876)

YATES MT DRUITT WAREHOUSE ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER RIORDAN	SYDNEY, 10 MAY 2013

Agreement approved Application for approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Yates Mt Druitt Warehouse 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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The National Union of Workers, New South Wales Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 January 2016.

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 Yates Mt Druitt Warehouse Enterprise Agreement 2013. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose as the parties were unable to reach an agreement on certain terms of the enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for the "bargaining, determining or varying of the terms and conditions of employment" and whether it was "in the interests of employees." Additionally, the Commission had to consider whether the agreement contained the necessary "no disadvantage" and "no disharmony" provisions.

The Fair Work Commission considered the terms of the agreement, the bargaining process, and the evidence presented by both parties. The Commission noted that the agreement provided for the determination of terms and conditions of employment and that it was in the interests of the employees. The Commission also found that the agreement contained the necessary "no disadvantage" and "no disharmony" provisions. The applicant demonstrated that the agreement had been fairly and genuinely negotiated and that it was not prejudicial to the employees. The Commission was satisfied that the agreement met the criteria for registration under the Fair Work Act 2009.

The Fair Work Commission approved the Yates Mt Druitt Warehouse Enterprise Agreement 2013, finding that it was a lawful and appropriate agreement for the purposes of the Fair Work Act 2009. The agreement was registered, and the terms and conditions outlined within it became legally binding on the parties. This decision ensures that the employees of DuluxGroup (Australia) Pty Ltd at the Yates Mt Druitt Warehouse have a fair and agreed set of terms and conditions of employment.

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