DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup

[2025] FWCA 3206

[2025] FWCA 3206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup

(AG2025/3051)

MERRIFIELD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 22 SEPTEMBER 2025

Application for approval of the Merrifield Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Merrifield Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by DuluxGroup (Australia) Pty Ltd T/A DuluxGroup (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. The United Workers’ Union being a bargaining representative for the Agreement supports the approval of 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 26 August 2028.

Section 218A Variation

1. The Employer has filed a Form F1 seeking to vary the Agreement by removing the reference to “[Date]” and inserting “26” in clause 4.7(b) of the Agreement. I am satisfied that the error is an obvious error, and I have determined to exercise my discretion to amend the Agreement.

1. I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

A.By removing the reference to “[Date]” in clause 4.7(b) of the Agreement and replacing it with “26”.

B.The variation will operate from 29 September 2025.

COMMISSIONER

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