Yates Australia (a division of DuluxGroup Australia Ltd) T/A Yates Australia Summary

[2023] FWCA 1156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Yates Australia (a division of DuluxGroup Australia Ltd) T/A Yates Australia

(AG2023/928)

YATES AUSTRALIA MT DRUITT MANUFACTURING ENTERPRISE

Agreement 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 APRIL 2023

Application for approval of the Yates Australia Mt Druitt Manufacturing Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Yates Australia Mt Druitt Manufacturing Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Yates Australia (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 April 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 21 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Yates Australia (a division of DuluxGroup Australia Ltd), trading as Yates Australia, which sought approval for the Yates Australia Mt Druitt Manufacturing Enterprise Agreement 2023. The agreement was intended to govern the terms and conditions of employment for its employees at the Mt Druitt manufacturing site. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to assess if the agreement had been fairly negotiated and if it complied with relevant procedural requirements. The applicant was required to demonstrate that appropriate steps were taken to ensure that employees were adequately informed about the agreement and had an opportunity to discuss it.

The Commission found that the applicant had demonstrated that the agreement was made in good faith and that it contained the necessary minimum terms and conditions. The evidence presented showed that the agreement had been fairly negotiated and that appropriate procedural steps had been taken to ensure employees were informed and had an opportunity to discuss the agreement. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the Yates Australia Mt Druitt Manufacturing Enterprise Agreement 2023.

The Commission's decision was based on the comprehensive evidence provided by the applicant, which demonstrated compliance with the statutory requirements. The agreement was approved, enabling it to take effect and govern the employment conditions of the relevant employees.

Yates Australia (a division of DuluxGroup Australia Ltd) T/A Yates Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established