DuluxGroup Australia Pty Ltd

[2019] FWCA 6847

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DuluxGroup Australia Pty Ltd

(AG2019/3474)

Merrifield Enterprise Agreement 2019

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Merrifield Enterprise Agreement 2019

DuluxGroup Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Merrifield Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

United Voice, 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 Agreement covers the organisation.

The Agreement was approved on 3 October 2019 and, in accordance with s 54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DuluxGroup Australia Pty Ltd, sought approval of the Merrifield Enterprise Agreement 2019 from the Fair Work Commission. The agreement was intended to govern the terms and conditions of employment for employees working at the Merrifield facility. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in good faith, whether it provided for the proper protection of employees' interests, and whether it complied with the formal requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement included all mandatory terms, whether it provided for the proper protection of employees' interests, and whether it had been made without coercion, duress or unfair pressure.

In reaching its decision, the Commission considered the evidence provided by both parties and the relevant legal framework. The Commission found that the agreement had been made in good faith and that it provided for the proper protection of employees' interests. The Commission also found that the agreement met all formal requirements under the Fair Work Act, including the inclusion of all mandatory terms. Accordingly, the Commission approved the Merrifield Enterprise Agreement 2019.

The Commission's decision was based on a thorough analysis of the evidence and the relevant legal framework. The Commission found that the agreement was a fair and reasonable one, and that it met all legal requirements for approval. The Commission's decision provides important guidance for employers and employees seeking to negotiate and enter into enterprise agreements that are compliant with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established