DuluxGroup (Australia) Pty Ltd

[2021] FWCA 7186

[2021] FWCA 7186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2021/8599)

DULUX AUSTRALIA POWDER AND INDUSTRIAL COATINGS POUND ROAD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2021.

[1] DuluxGroup (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dulux Australia Powder and Industrial Coatings Pound Road Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26.8 – Public holidays.

•  Clause 29.9 – Summary dismissal.

•  Appendix 5 – Redundancy.

•  Clause 33 – Termination (deductions).

However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 December 2021 and, in accordance with s. 54, will operate from 28 December 2021. The nominal expiry date of the Agreement is 15 November 2024.

COMMISSIONER

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Annexure A