DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd T/A Selleys
(AG2018/2959)

SELLEYS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 AUGUST 2018

Application for approval of the Selleys Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Selleys 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 Selleys. 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. 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.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 14 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DuluxGroup (Australia) Pty Ltd trading as Selleys, sought approval of the Selleys Enterprise Agreement 2018 under section 231 of the Fair Work Act 2009. The applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on various grounds, including that the agreement failed to adequately address issues such as shift loading, penalty rates, and overtime payments. The Fair Work Commission heard the matter and was required to decide whether the agreement met the requirements of the Act, including the "better off overall test" and the "good faith" requirement.

The Commission began by examining the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under their previous conditions of employment. The Commission considered various submissions from both parties, including financial analyses and expert evidence. The Commission also assessed the "good faith" requirement, which mandates that the parties negotiate in good faith and that the agreement reflects a genuine attempt to reach an agreement. The Commission found that the applicant had acted in good faith and that the agreement, while not perfect, provided employees with some benefits that outweighed the disadvantages.

Ultimately, the Commission approved the agreement, finding that it met the requirements of the Act. The Commission acknowledged that there were areas of the agreement that could be improved, but concluded that the overall benefits to employees outweighed the disadvantages. The Commission emphasised the importance of the parties continuing to negotiate in good faith to address any ongoing concerns. The applicant was granted approval of the agreement, which will now apply to the relevant employees.

The Commission made an order approving the Selleys Enterprise Agreement 2018, subject to certain conditions and with a specified commencement date. The order also included provisions for the ongoing monitoring of the agreement's operation and for the resolution of any disputes that may arise. The Commission encouraged both parties to continue to work together in good faith to address any issues that may arise under the agreement.

DuluxGroup (Australia) Pty Ltd T/A Selleys

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established