DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup Australia Pty Ltd T/A DuluxGroup
(AG2017/3492)

DULUXGROUP WELSHPOOL - WAREHOUSE AND DISTRIBUTION AGREEMENT 2017

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the DuluxGroup Welshpool Warehousing and Distribution Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DuluxGroup Welshpool Warehousing and Distribution Agreement 2017 (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 DuluxGroup. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 21 November 2017. The nominal expiry date of the Agreement is 1 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of DuluxGroup Australia Pty Ltd T/A DuluxGroup, the respondent sought approval from the Fair Work Commission of the DuluxGroup Welshpool Warehousing and Distribution Agreement 2017. The primary focus of the dispute was the terms of the proposed enterprise agreement, which was intended to govern the employment conditions of workers at the Welshpool site. The application was heard in the Fair Work Commission of Australia.

The legal issues central to this case revolved around the validity and fairness of the proposed enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for approval, including ensuring it did not adversely affect employees' job security and provided fair terms and conditions. The Commission also needed to consider whether the agreement was appropriately negotiated and whether it adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission acknowledged the complexity of the agreement but found that it complied with the necessary legal standards. The Commission determined that the agreement was fairly negotiated and contained provisions that were not detrimental to the employees. It was noted that the agreement provided a satisfactory balance of interests between the employer and the employees, taking into account the commercial realities faced by the company. The Commission was satisfied that the agreement was made in good faith and did not disadvantage the employees.

The Fair Work Commission approved the DuluxGroup Welshpool Warehousing and Distribution Agreement 2017, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the employment conditions of the workers at the Welshpool site, subject to the oversight and enforcement mechanisms provided by the Fair Work Act.

DuluxGroup Australia Pty Ltd T/A DuluxGroup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established