DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parchem Construction Supplies Pty Ltd (A Division of DuluxGroup (Australia) Pty Ltd)
(AG2015/3457)

PARCHEM CONSTRUCTION SUPPLIES PTY LTD (WYONG) ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 AUGUST 2015

Application for approval of the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Parchem Construction Supplies Pty Ltd (A Division of DuluxGroup (Australia) Pty Ltd). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Parchem Construction Supplies Pty Ltd, a division of DuluxGroup (Australia) Pty Ltd, applied for approval of the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2014-2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in compliance with the relevant legislative framework and whether it met the necessary standards for approval.

The court had to consider several legal issues, including whether the agreement provided for fair and reasonable terms and conditions, whether it included a dispute resolution process, and whether it was made in accordance with the applicable provisions of the Fair Work Act 2009. Furthermore, the court had to assess whether the agreement had been made without the influence of improper conduct, coercion, or discrimination.

In its decision, the court found that the agreement was fair and reasonable, and it complied with the necessary legislative requirements. The court determined that the agreement included a dispute resolution process and that it was made without any influence of improper conduct, coercion, or discrimination. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

As a result of the court's findings, the Fair Work Commission approved the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2014-2018. This decision confirms that the agreement is legally binding and can be enforced between the employer and the employees covered by the agreement.

Parchem Construction Supplies Pty Ltd (A Division of DuluxGroup (Australia) Pty Ltd)

DECISION

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