| [2022] FWCA 712 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Duluxgroup (Australia) Pty Ltd T/A Yates Australia
(AG2021/9379)
Yates Wyee Enterprise Agreement 2021
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 28 FEBRUARY 2022 |
Application for approval of the Yates Wyee Enterprise Agreement 2021.
Duluxgroup (Australia) Pty Ltd T/A Yates Australia (the Employer) has made an application for the approval of the Yates Wyee Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that Clause 36.7(a) – Personal/Carer’s Leave (Notice and Evidence Requirements) and Clause 39.2 – Jury Service are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2022. The nominal expiry date of the Agreement is 30 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515161 PR738820>
Annexure A
- AGLC
- Duluxgroup (Australia) Pty Ltd T/A Yates Australia [2022] FWCA 712
- Case
- [2022] FWCA 712
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement was made in good faith, whether it was negotiated fairly, and if it appropriately covered the employees' rights and protections as mandated by the Act. Additionally, the Commission needed to consider whether the agreement had been properly certified and whether it included the necessary provisions for minimum terms and conditions, including pay rates, leave entitlements, and other employment-related matters.
The Commission found that the agreement was made in good faith and was the product of fair negotiations. It was determined that the agreement was procedurally sound and that it adequately protected the employees' rights and entitlements. The Commission was satisfied that the certification process had been correctly followed and that the agreement included all necessary minimum terms and conditions as required by the Act. As a result, the Commission approved the Yates Wyee Enterprise Agreement 2021, allowing it to come into effect.
In conclusion, the Fair Work Commission approved the Yates Wyee Enterprise Agreement 2021, finding it to be fair, properly negotiated, and compliant with the requirements of the Fair Work Act 2009. The Commission's decision ensures that the agreement will now serve as a binding contract between Duluxgroup (Australia) Pty Ltd, trading as Yates Australia, and its employees covered by the agreement.
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.