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

[2019] FWCA 3903

[2019] FWCA 3903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd T/A Valspar Paint
(AG2019/885)

VALSPAR PAINT AUSTRALIA PTY LTD SOUTH AUSTRALIA/NORTHERN TERRITORY ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER PLATT	ADELAIDE, 6 JUNE 2019

Application for approval of the Valspar Paint Australia Pty Ltd South Australia/Northern Territory Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Valspar Paint Australia Pty Ltd South Australia/Northern Territory Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Valspar Paint (Australia) Pty Ltd T/A Valspar Paint. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 May 2019.

[3] On 4 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Agreement was lodged 16 days after it was made. The delay is short and the Applicant has satisfactorily explained the delay. As such, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 26 March 2019.

[5] The Applicant has submitted an undertaking in the required form dated 5 June 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[6] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] The “Shop, Distributive and Allied Employees Association (SDA)”, 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) of the Act I note that the Agreement covers this organisation.

[10] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 December 2020.

COMMISSIONER

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