Duluxgroup (Australia) Pty Ltd
[2024] FWCA 762
•28 FEBRUARY 2024
| [2024] FWCA 762 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Duluxgroup (Australia) Pty Ltd
(AG2024/374)
YATES MT DRUITT WAREHOUSE ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 28 FEBRUARY 2024 |
Application for approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Yates Mt Druitt Warehouse Enterprise Agreement 2024 (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 (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that clause 32(b) of the Agreement concerning substitution of public holidays is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2024. The nominal expiry date of the Agreement is 1 February 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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