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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd, trading as Valspar Paint, applied to the Fair Work Commission for approval of an enterprise agreement. The application concerned the proposed agreement between Valspar Paint and its employees within the South Australia/Northern Territory regions. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees.

The primary legal issues for the Commission to decide were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included verifying that the agreement was genuinely negotiated, that it addressed key terms and conditions of employment, and that it was not detrimental to employees. Additionally, the Commission had to consider whether the agreement met the "no disadvantage test" which ensures that employees are not worse off under the new agreement than they were under their previous conditions.

The Fair Work Commission found that the agreement met all the necessary procedural and substantive requirements. The Commission determined that the agreement had been genuinely negotiated, covered all the required terms and conditions, and did not disadvantage any employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and met all legislative requirements. The Commission approved the enterprise agreement, allowing it to be registered and enforced.

The final orders of the Fair Work Commission were that the Valspar Paint Australia Pty Ltd South Australia/Northern Territory Enterprise Agreement be approved and registered under the Fair Work Act. This decision ensured that the agreement would govern the terms and conditions of employment for the employees covered by the agreement, providing certainty and stability in the workplace.

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