DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A DuluxGroup
(AG2016/582)

DULUX ROCKLEA ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 7 APRIL 2016

Application for approval of the Dulux Rocklea Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dulux Rocklea 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 DuluxGroup. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement contained a minor error at clause 4.2. Pursuant to s.586(a), I note that reference to ‘4 Mar 2020’ is to be replaced with ‘4 Mar 2019’.

[5] United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2016. The nominal expiry date of the Agreement is 3 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant DuluxGroup (Australia) Pty Ltd, trading as DuluxGroup, sought approval of the Dulux Rocklea Enterprise Agreement 2016. The dispute was over whether the agreement met the criteria for registration under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was a "genuine" enterprise agreement, whether it contained the necessary minimum terms, and if it complied with procedural requirements.

The key legal issues revolved around the authenticity of the agreement, whether it contained all the mandated minimum terms, and if the proper consultation and negotiation processes had been followed. The applicant argued that the agreement was genuine and contained all necessary terms, while the objectors contended that the agreement did not meet the legal standards for approval.

The Commission found that the Dulux Rocklea Enterprise Agreement 2016 was indeed a genuine agreement. It was established through proper consultation and negotiation processes and contained all the minimum terms required by the Fair Work Act. The objectors' claims that the agreement did not meet the standards were dismissed. Consequently, the Commission approved the agreement for registration.

The final orders of the Commission were that the Dulux Rocklea Enterprise Agreement 2016 be approved and registered under section 174 of the Fair Work Act 2009. This decision ensured that the agreement would be legally binding on the parties involved, providing clarity and stability in the employment relationship.

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