DuluxGroup (Australia) Pty Ltd T/A Dulux
[2022] FWCA 3600
•20 OCTOBER 2022
| [2022] FWCA 3600 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DuluxGroup (Australia) Pty Ltd T/A Dulux
(AG2022/4167)
Dulux Trade Centre Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 20 OCTOBER 2022 |
Application for approval of the Dulux Trade Centre Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Dulux Trade Centre Enterprise Agreement 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 Dulux. The Agreement is a single enterprise agreement.
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.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Shop, Distributive and Allied Employees Association, 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 was approved on 20 October 2022 and, in accordance with s.54, will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 September 2025.
COMMISSIONER
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Annexure A
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