DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia Pty Ltd T/A Valspar Paint
(AG2020/1342)

SHERWIN-WILLIAMS NATIONAL OPERATIONS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MAY 2020

Application for approval of the Sherwin-Williams National Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sherwin-Williams National Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valspar Paint (Australia Pty Ltd T/A Valspar Paint. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2020. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd, trading as Valspar Paint, sought approval of the Sherwin-Williams National Operations Enterprise Agreement 2020. The application was before the Fair Work Commission, which was required to determine whether the proposed enterprise agreement complied with the Fair Work Act 2009. The primary dispute centred on the agreement's provisions concerning the classification of employees and the terms and conditions of their employment, particularly in relation to the transition of employees from the former employer, Sherwin-Williams, to Valspar Paint.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act, including whether it provided for the terms and conditions of employment of the employees, and whether it had been genuinely agreed upon by the employer and the employees. Additionally, the Commission had to consider whether the agreement adequately protected the employees' rights and interests, particularly given the change in ownership and the potential implications for their employment terms and conditions.

The Commission found that the proposed enterprise agreement was compliant with the statutory requirements and had been genuinely agreed upon by the employer and the employees. The agreement provided for the terms and conditions of employment and was deemed to adequately protect the employees' rights and interests. The Commission approved the agreement, recognising the need for a smooth transition of employees from Sherwin-Williams to Valspar Paint while ensuring that their employment terms and conditions were appropriately addressed. The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

The final orders of the Commission were that the Sherwin-Williams National Operations Enterprise Agreement 2020 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to the employees who were previously employed by Sherwin-Williams and who were subsequently employed by Valspar Paint, ensuring a consistent and fair transition for all affected employees.

Valspar Paint (Australia Pty Ltd T/A Valspar Paint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established