| [2018] FWCA 5017 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
DuluxGroup (Australia) Pty Ltd T/A Dulux Acratex
(AG2018/3545)
Dulux Acratex South Australia Enterprise Agreement 2018
| Manufacturing and associated industries | |
| Commissioner Lee | MELBOURNE, 30 AUGUST 2018 |
Application for approval of the Dulux Acratex South Australia Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Dulux Acratex South Australia Enterprise Agreement 2018 (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 Acratex. 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.
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 is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 June 2022.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE900080 PR620306>
Annexure A
- AGLC
- DuluxGroup (Australia) Pty Ltd T/A Dulux Acratex [2018] FWCA 5017
- Case
- [2018] FWCA 5017
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court involved determining whether the enterprise agreement provided for the proper determination of employees' terms and conditions of employment, whether it contained provisions for minimum rates of pay, and whether it was free from prohibited content. Additionally, the Court had to consider if the agreement was made in good faith and whether the necessary procedural requirements were met, including appropriate employee consultation.
The Fair Work Commission evaluated the agreement against the statutory requirements of the Fair Work Act 2009. It found that the agreement provided for the proper determination of employees' terms and conditions, included provisions for minimum rates of pay, and was free from prohibited content. The Commission also determined that the agreement was made in good faith and that the procedural requirements were satisfied. Consequently, the Court approved the Dulux Acratex South Australia Enterprise Agreement 2018.
The Fair Work Commission's final order was the approval of the Dulux Acratex South Australia Enterprise Agreement 2018, effective from the date of the decision. The agreement now legally governs the terms and conditions of employment for Dulux Acratex employees in South Australia.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.