DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup Summary

[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.

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.

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).

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of DuluxGroup (Australia) Pty Ltd Trading as DuluxGroup, the Fair Work Commission was asked to consider the approval of a proposed enterprise agreement, the Merrifield Enterprise Agreement 2025. The applicant, DuluxGroup, sought the Commission's approval of the agreement, which had been negotiated with its employees. The legal issues before the Commission centred around whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it was free from provisions that would unfairly discriminate against employees.

The Commission carefully reviewed the provisions of the proposed agreement, considering whether it provided for adequate protections and benefits for employees, as well as whether it allowed for a fair and efficient workplace. The Commission also considered whether the agreement was free from any provisions that would unfairly discriminate against employees, including provisions relating to redundancy and termination. Ultimately, the Commission was satisfied that the proposed agreement met the requirements of the Fair Work Act, and approved it on the basis that it provided for a fair and efficient workplace, and did not contain any discriminatory provisions.

The Commission's decision was based on a detailed analysis of the proposed agreement, taking into account the needs and interests of both DuluxGroup and its employees. The Commission found that the agreement provided for adequate protections and benefits for employees, and allowed for a fair and efficient workplace. The Commission also found that the agreement did not contain any provisions that would unfairly discriminate against employees, and was therefore in compliance with the Fair Work Act. The Commission's approval of the Merrifield Enterprise Agreement 2025 ensures that DuluxGroup and its employees will have a fair and effective agreement in place for the coming years.

DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established