Valspar Paint (Australia) Pty Ltd Summary

[2014] FWCA 1287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd
(AG2014/270)

VALSPAR GROUP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Valspar Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Valspar Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Valspar Paint (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 1 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Valspar Group Enterprise Agreement 2013. The application was made by the company, and the Australian Manufacturing Workers’ Union was the relevant union. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, and the fairness and compliance of these terms with the relevant industrial laws.

The key legal issues the Commission had to address were whether the agreement contained the requisite good faith bargaining, whether it was free from prohibited content, and whether it complied with the national employment standards. Additionally, the Commission needed to determine if the agreement was fair and reasonable in all its aspects, taking into account the various factors outlined in the Fair Work Act 2009.

The Commission considered the evidence presented by both parties and examined the content of the agreement in detail. It found that the agreement demonstrated good faith bargaining, was free from prohibited content, and complied with the national employment standards. The Commission also concluded that the agreement was fair and reasonable in all its aspects, taking into account the various factors outlined in the Act. Based on these findings, the Commission approved the Valspar Group Enterprise Agreement 2013, and it is now a legally binding document between the company and the union.

The final orders of the Commission were that the Valspar Group Enterprise Agreement 2013 be approved as a registered agreement. The agreement is now in effect and governs the terms and conditions of employment for the relevant employees. The approval of this agreement provides certainty and stability to both the employer and the employees, and ensures that the agreement is compliant with the relevant industrial laws.

Valspar Paint (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