Hempel (Wattyl) Australia Pty Ltd

Case

[2023] FWCA 1332

10 MAY 2023


[2023] FWCA 1332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hempel (Wattyl) Australia Pty Ltd

(AG2023/1110)

HEMPEL (WATTYL) AUSTRALIA PTY LTD NATIONAL OPERATIONS ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries

COMMISSIONER PLATT

ADELAIDE, 10 MAY 2023

Application for approval of the Hempel (Wattyl) Australia Pty Ltd National Operations Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Hempel (Wattyl) Australia Pty Ltd National Operations Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hempel (Wattyl) Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 28 April 2023.

  1. As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

  1. 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2024.

COMMISSIONER

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