Hempel Wattyl Australia Pty Ltd

[2025] FWCA 2555

[2025] FWCA 2555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hempel Wattyl Australia Pty Ltd

(AG2025/2264)

HEMPEL (WATTYL) AUSTRALIA PTY LTD NEW SOUTH WALES TRADE PAINT CENTRE ENTERPRISE AGREEMENT 2024

Retail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 AUGUST 2025

Application for approval of the Hempel (Wattyl) Australia Pty Ltd New South Wales Trade Paint Centre Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Hempel (Wattyl) Australia Pty Ltd New South Wales Trade Paint Centre Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hempel Wattyl Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. There is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) that was issued to employees at the commencement of bargaining. The discrepancy is the reference to the year in the title of the Agreement. I also note that the NERR is not in the form currently prescribed by the regulations. Having regard to the submissions of the Applicant, I am satisfied that these are a minor technical errors and that the employees were not likely to have been disadvantaged by the errors. Accordingly, I will disregard the errors under s.188(5) of the Act.

1. The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The bargaining representatives have indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

1. The United Workers Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE529913  PR790274>

Annexure A