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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DuluxGroup (Australia) Pty Ltd T/A Dulux applied for approval of the Dulux Trade Centre Enterprise Agreement 2016. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment for workers covered by the proposed agreement, including issues such as wage rates, penalty rates, leave entitlements, and other working conditions. The crux of the matter was whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the direct fixation of terms and conditions of employment, and whether it contained the required "safety net" provisions. The Commission had to consider if the proposed agreement fairly reflected the bargaining outcomes of the parties and complied with the procedural requirements of the Act. The Commission also needed to determine whether the agreement would have a detrimental effect on the "no disadvantage" test, ensuring that employees were not worse off under the new agreement than they were under the previous award.

After considering the submissions from both parties and reviewing the evidence, the Commission found that the agreement did meet the necessary criteria for approval. The Commission concluded that the agreement provided for the direct fixation of terms and conditions, contained the required safety net provisions, and did not result in any employee being worse off. The Commission approved the Dulux Trade Centre Enterprise Agreement 2016, finding that it fairly reflected the bargaining outcomes of the parties and complied with the legal requirements of the Act. The Commission's decision was based on a thorough analysis of the evidence and a careful consideration of the legal principles applicable to enterprise agreements.

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