austlii:cth/FWCA/2026/133
General information, not legal advice.
FWCA
2026-01-27
Original judgment source is linked above.
s.185 - Enterprise agreement
DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup
Application for approval of the Dulux Trade Centre Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Dulux Trade Centre Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DuluxGroup (Australia) Pty Ltd Trading AS DuluxGroup. The Agreement is a single enterprise agreement.
[2] 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.
[3] A Form F1 was lodged with the application requesting a variation to the Agreement pursuant to s.218A of the Act to correct a typographical error in clause 14.5.1 of the Agreement which states "6am-8pm" but should read "6pm-8pm." I am satisfied that this constituted an obvious error, defect or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.
[4] 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.
[5] The Agreement is approved and in accordance with s.54, will operate from 3 February 2026. The nominal expiry date of the Agreement is 9 December 2028.
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