Hempel (Wattyl) Australia Pty Ltd
[2025] FWCA 94
•10 JANUARY 2025
| [2025] FWCA 94 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hempel (Wattyl) Australia Pty Ltd
(AG2024/4993)
HEMPEL (WATTYL) AUSTRALIA PTY LTD NATIONAL OPERATIONS ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 10 JANUARY 2025 |
Application for approval of the Hempel (Wattyl) Australia Pty Ltd National Operations Enterprise Agreement 2024
Introduction
Hempel (Wattyl) Australia Pty Ltd the Employer) has made an application for approval of an enterprise agreement known as the Hempel (Wattyl) Australia Pty Ltd National Operations Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 October 2024 and the Agreement was made on 5 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 1 December 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527559 PR783154>
ANNEXURE A
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