austlii:cth/FWCA/2026/821
General information, not legal advice.
FWCA
2026-03-31
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
DULUXGROUP DANDENONG SOUTH OPERATIONS ENTERPRISE AGREEMENT 2026
Application for approval of the DuluxGroup Dandenong South Operations Enterprise Agreement 2026
[1] DuluxGroup (Australia) Pty Ltd (ABN: 42 133 404 065) has applied for approval of an enterprise agreement known as the DuluxGroup Dandenong South Operations Enterprise Agreement 2026 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that clause 42 - Substitution of Public Holidays is likely to be inconsistent with the National Employment Standards:
[4] Clause 5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] 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.
[7] The Agreement is approved and, in accordance with s 54 of the Act and clause 3(a), will operate from 28 April 2026.
[8] In accordance with clause 3(a), the nominal expiry date of the Agreement is 28 April 2029.
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