DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A Cabot’s Australia
(AG2020/2531)

DULUXGROUP DANDENONG SOUTH OPERATIONS ENTERPRISE AGREEMENT 2020 - 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 18 SEPTEMBER 2020

Application for approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the DuluxGroup Dandenong South Operations Enterprise Agreement 2020 – 2022 (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 T/A Cabot’s Australia. 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 16.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5 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.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 25 September 2020. The nominal expiry date of the Agreement is 11 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd, trading as Cabot’s Australia, applied for the approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2020 - 2022. The application was brought before the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute primarily centred on whether the agreement provided appropriate terms and conditions for the employees, and if it aligned with the principles of the Fair Work Act.

The primary legal issues the FWC needed to address included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was negotiated in good faith, and whether it would provide a safety net for employees. Additionally, the FWC had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the principles of the Act. The FWC also needed to examine whether the agreement was in the best interests of the employees and whether it was consistent with the principles of enterprise bargaining.

In its decision, the FWC noted that the agreement contained all the mandatory terms required by the Fair Work Act, and that it was negotiated in good faith. The FWC found that the agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the principles of the Act. The FWC also found that the agreement was in the best interests of the employees and was consistent with the principles of enterprise bargaining. After considering all the evidence and submissions, the FWC approved the DuluxGroup Dandenong South Operations Enterprise Agreement 2020 - 2022, stating that it met the necessary criteria for approval under the Fair Work Act.

As a result of the FWC's decision, the DuluxGroup Dandenong South Operations Enterprise Agreement 2020 - 2022 was approved and will now govern the terms and conditions of employment for the employees covered by the agreement. The agreement provides a framework for enterprise bargaining between the employer and the employees, and sets out the terms and conditions of employment for the duration of the agreement. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment, and that their rights and interests are protected under the Fair Work Act.

DuluxGroup (Australia) Pty Ltd T/A Cabot’s Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established