DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd
(AG2020/4161)

YATES MT DRUITT WAREHOUSE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 FEBRUARY 2021

Application for approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2021.

[1] DuluxGroup (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the Yates Mt Druitt Warehouse Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The United Workers Union (the organisation),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 statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 1 February 2021and, in accordance with s 54, will operate from 8 February 2021.The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd was involved in a dispute over the approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2021. The application was brought before the Fair Work Commission, the body responsible for reviewing and approving enterprise agreements in Australia. The central issue in this case was whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was free from any unfair discrimination.

The legal issues the court needed to address included verifying if the agreement contained all the prescribed minimum terms and conditions, whether the agreement had been negotiated in good faith, and if it was properly certified by an accredited bargaining representative. Additionally, the court considered if the agreement appropriately balanced the interests of both employees and the employer, and whether it adhered to the procedural requirements mandated by the Act. The Commission examined the negotiation process and the fairness of the terms presented in the agreement.

In delivering its decision, the Fair Work Commission found that the Yates Mt Druitt Warehouse Enterprise Agreement 2021 met the necessary statutory requirements. The Commission was satisfied that the agreement had been negotiated in good faith, and that it contained all the prescribed minimum terms and conditions. Furthermore, the agreement was deemed to be fair and reasonable, providing an appropriate balance of interests between the employees and the employer. The Commission concluded that the agreement complied with all procedural and substantive requirements of the Fair Work Act 2009.

As a result of the court's findings, the application for approval of the Yates Mt Druitt Warehouse Enterprise Agreement 2021 was granted. The agreement was approved and became legally binding, effective from the date of the Commission's decision.

DuluxGroup (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established