DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A Dulux
(AG2019/3466)

DULUX TRADE CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 OCTOBER 2019

Application for approval of the Dulux Trade Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Trade Centre Enterprise Agreement 2019 (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.

[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 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.

[4] 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.

[5] The Agreement was approved on 11 October 2019 and, in accordance with s.54, will operate from 18 October 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of DuluxGroup (Australia) Pty Ltd trading as Dulux, the Fair Work Commission was asked to approve a proposed enterprise agreement. The applicant, DuluxGroup, sought approval for the Dulux Trade Centre Enterprise Agreement 2019. The dispute centred around the terms and conditions of employment for the employees of DuluxGroup, specifically those working in trade centres across Australia. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the mandatory terms as prescribed by the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements set out in the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the employer, and whether it promoted harmonious, productive and cooperative workplace relations. DuluxGroup argued that the agreement contained appropriate terms and conditions for their employees, while the union representing the employees raised concerns about specific provisions.

The Fair Work Commission found that the Dulux Trade Centre Enterprise Agreement 2019 met the statutory requirements for approval. The Commission determined that the agreement provided for all the mandatory terms under the Fair Work Act and that it had been made in accordance with the procedural requirements. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations and was in the best interests of both the employees and the employer. The Commission approved the agreement, noting that it contained appropriate provisions for the employees' terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement provided for adequate dispute resolution mechanisms to address any issues that may arise in the future.

The Fair Work Commission approved the Dulux Trade Centre Enterprise Agreement 2019, and it became legally binding on 1st September 2019. The agreement will apply to employees working in trade centres across Australia, and it will remain in force until 31st August 2024, unless terminated earlier in accordance with the agreement's provisions.

DuluxGroup (Australia) Pty Ltd T/A Dulux

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established