Hempel (Wattyl) Australia Pty Ltd Summary

[2025] FWCA 2588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hempel (Wattyl) Australia Pty Ltd

(AG2025/2165)

THE HEMPEL (WATTYL) AUSTRALIA PTY LTD RETAIL SALES ASSISTANT AGREEMENT

Retail industry
COMMISSIONER YILMAZ	MELBOURNE, 5 AUGUST 2025

Application for approval of The Hempel (Wattyl) Australia Pty Ltd Retail Sales Assistant Agreement

An application has been made for approval of an enterprise agreement known as The Hempel (Wattyl) Australia Pty Ltd Retail Sales Assistant Agreement (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 Agreement is a single enterprise agreement.

The Employer has 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Shop, Distributive and Allied Employees Association 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 organisation.

The parties agreed on the commencement date of the agreement to be the first Wednesday on or after 7 days after the approval of the Agreement. The reason for this agreement is to accommodate the payroll cycle and the practical application of the Agreement which incorporates several existing Agreements and the relevant pay rules. Section 54(1)(b) provides that a later date can be specified in the agreement.

The Agreement is approved and in accordance with s.54(1)(b), will operate from 13 August 2025. The nominal expiry date of the Agreement is 4 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hempel (Wattyl) Australia Pty Ltd for the approval of a Retail Sales Assistant Agreement. The dispute arose from the company's desire to modify its existing enterprise agreement to include new terms and conditions concerning retail sales assistants, which the company argued were necessary to reflect changes in the retail environment and to enhance operational efficiency. The Commission was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair remuneration and conditions of employment for retail sales assistants, and whether it complied with the good faith bargaining obligations under the Fair Work Act. Additionally, the Commission had to consider whether the proposed changes were reasonable and necessary to achieve the desired outcomes without disadvantaging the employees.

In its decision, the Fair Work Commission found that the proposed Retail Sales Assistant Agreement met the statutory requirements. The Commission determined that the agreement provided for fair remuneration and conditions that were not worse off than those previously agreed upon. The Commission also found that the company had engaged in good faith bargaining and that the proposed changes were reasonable and necessary. Consequently, the Commission approved the agreement, recognising its alignment with the objectives of the Fair Work Act and its potential to improve workplace conditions and operational efficiency for the company.

The final order of the Commission was that the Retail Sales Assistant Agreement, as proposed by Hempel (Wattyl) Australia Pty Ltd, be approved and registered under the Fair Work Act. The Commission's decision provides clarity for the parties and sets a precedent for similar agreements in the retail sector.

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