Duluxgroup (Australia) Pty Ltd Summary

[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

Annexure A

CaseChat Overview and Summary

Duluxgroup (Australia) Pty Ltd sought approval of an enterprise agreement with its employees at the Yates Mt Druitt Warehouse. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval. The key legal issues centred on whether the agreement complied with the Fair Work Act 2009, particularly the provisions concerning the process for making an enterprise agreement and the substantive terms of the agreement. The Commission examined if the agreement was made in good faith, if it contained genuine bargaining, and if the substantive terms met the minimum entitlements set out in the Act.

The Fair Work Commission found that the agreement was made in good faith and represented genuine bargaining. The Commission noted the efforts made by the parties to negotiate and reach a consensus. The substantive terms of the agreement were scrutinised to ensure they did not undercut the minimum entitlements. The Commission found that the agreement provided for terms and conditions that were at least as favourable as the applicable awards and ensured no employee was worse off. The Commission was satisfied that the process followed adhered to the statutory requirements, and the agreement was fair and reasonable.

Accordingly, the Fair Work Commission approved the Yates Mt Druitt Warehouse Enterprise Agreement 2024. The Commission determined that the agreement met all legal requirements and was in the best interest of the employees. The approval was granted, allowing the agreement to come into effect as per its terms. This decision provides clarity for future negotiations and the application of enterprise agreements within the specified industry.

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