United Voice v Valspar (WPC) Pty Ltd

United Voice (the applicant) sought to enforce an enterprise agreement against Valspar (WPC) Pty Ltd (the respondent). The dispute concerned whether the respondent had breached clause 10.1 of the Enterprise Agreement by failing to provide the applicant with a list of employees who were members of the applicant union. The applicant sought orders for compliance and penalties. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was the interpretation of clause 10.1 of the Enterprise Agreement, specifically whether it imposed an ongoing obligation on the respondent to provide the union with a list of its members, or if it was a one-off obligation triggered by a specific event. The Commission also considered whether the respondent had breached this obligation.

In determining the dispute, the Commission analysed the language of clause 10.1, considering its plain meaning and the context within the Enterprise Agreement. The Commission found that the clause imposed an ongoing obligation on the respondent to provide the union with a list of its members. The Commission concluded that the respondent had breached this obligation by failing to provide the requested list. The Commission ordered the respondent to comply with clause 10.1 and also imposed penalties for the breach.