DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A Lincoln Sentry Group Pty Ltd
(AG2018/2201)

LINCOLN SENTRY GROUP PTY LTD PRESTONS WAREHOUSE ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lincoln Sentry Group Pty Ltd Prestons Warehouse 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 Lincoln Sentry Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DuluxGroup (Australia) Pty Ltd, trading as Lincoln Sentry Group Pty Ltd, applied for approval of the Lincoln Sentry Group Pty Ltd Prestons Warehouse Enterprise Agreement 2018 before the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for warehouse workers at the Prestons Warehouse, including wages, hours of work, and other employment conditions. The respondents to the application were the warehouse workers represented by the Transport Workers Union of Australia.

The primary legal issue the commission had to address was whether the agreement met the "better off overall test" as outlined in section 230 of the Fair Work Act. This test requires that the terms and conditions of employment in the agreement be at least as good as the applicable award or other relevant agreement, and that the agreement is in the best interests of the employees. The commission also had to consider whether the agreement was made in good faith and whether it was appropriately certified.

The Fair Work Commission found that the agreement met the better off overall test and was in the best interests of the employees. The commission noted that the agreement provided for a range of benefits for the employees, including wage increases and improved working conditions. The commission also found that the agreement was made in good faith and was appropriately certified. The commission approved the agreement, noting that it provided a fair and reasonable outcome for both the employer and the employees.

The Fair Work Commission's decision provides guidance on the requirements for approving an enterprise agreement under the Fair Work Act. The commission's finding that the agreement met the better off overall test and was in the best interests of the employees is likely to be of particular interest to employers and employees in similar industries. The decision also highlights the importance of good faith bargaining and appropriate certification in the enterprise agreement process.

DuluxGroup (Australia) Pty Ltd T/A Lincoln Sentry Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established