DuluxGroup (Australia) Pty Ltd T/A Dulux

[2016] FWCA 8599

[2016] FWCA 8599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A Dulux
(AG2016/6061)

DULUX TRADE CENTRE ENTERPRISE AGREEMENT 2016

Retail industry
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Dulux Trade Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Trade Centre Enterprise Agreement 2016 (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 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] 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.

[4] The Applicant provided at the time of lodgement, a list of amendments to that it sought to make to typographical errors in the agreement that had been voted on by employees. These amendments include in clause ‘16’, ‘Lunch and Rest Breaks,’ by renumbering the second sub clause appearing as ‘16.1’ as ‘16.2’ and the existing ‘16.2’ as ‘16.3’; by renumbering clause ‘20’, ‘Compassionate Leave,’ as clause ‘19’; by renumbering clause ‘21’, ‘Parental Leave,’ as clause ‘20’; by renumbering clause ‘22’, ‘Community Services Leave,’ as clause ‘21’; and by renumbering clause ‘23’, ‘Domestic and Family Violence Leave,’ as clause ’22.’

[5] In accordance with s.586 I consider it appropriate to make these amendments.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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Annexure A