Hempel Wattyl Australia Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

The applicant, Hempel Wattyl Australia Pty Ltd, sought approval for a proposed enterprise agreement from the Fair Work Commission. The proposed agreement was the Hempel (Wattyl) Australia Pty Ltd New South Wales Trade Paint Centre Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, which allows the Commission to approve an agreement if it considers it to be in the public interest. The dispute involved the terms and conditions of employment for workers at the New South Wales trade paint centre, with a focus on whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions, including minimum rates of pay, leave entitlements, and other workplace standards. The Commission also had to consider whether the agreement had been made in good faith and whether it included appropriate mechanisms for resolving workplace disputes.

The Commission found that the proposed enterprise agreement contained all the necessary minimum terms and conditions and complied with the requirements of the Fair Work Act and Regulations. The agreement provided for minimum rates of pay, leave entitlements, and other workplace standards that met or exceeded the requirements of the relevant industrial instruments. The Commission was satisfied that the agreement had been made in good faith and included appropriate mechanisms for resolving workplace disputes. As a result, the Commission approved the proposed enterprise agreement, finding it to be in the public interest.

The final orders of the Commission included the approval of the Hempel (Wattyl) Australia Pty Ltd New South Wales Trade Paint Centre Enterprise Agreement 2024, which will now apply to the workers at the New South Wales trade paint centre. The agreement will provide the basis for the terms and conditions of employment for those workers, effective from the date of approval. The Commission's decision ensures that the workers will receive fair and reasonable terms and conditions of employment, while also allowing the applicant to operate its business with a clear and certain framework for industrial relations.

Hempel Wattyl Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established