DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd T/A Valspar Paint
(AG2018/2544)

VALSPAR PAINT (AUSTRALIA) PTY LTD (KILBURN) WAREHOUSE AND DISTRIBUTION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 1 OCTOBER 2018

Application for approval of the Valspar Paint (Australia) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Valspar Paint (Australia) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 October 2018 and, in accordance with s.54, will operate from 8 October 2018. The nominal expiry date of the Agreement is 1 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd, trading as Valspar Paint, applied to the Fair Work Commission for approval of the Valspar Paint (Australia) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2018. The dispute arose from negotiations between Valspar Paint and its employees, represented by the Transport Workers Union of Australia. The key issues involved terms and conditions of employment, including wages, hours of work, and other workplace entitlements.

The legal issues before the court were whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The court had to consider if the agreement met the minimum standards set by the Act, and whether it provided for a fair and equitable resolution of workplace issues. Additionally, the court examined if the agreement was made in good faith and if it provided for proper dispute resolution mechanisms.

The court found that the agreement met the legal requirements and was in the best interests of the employees. It confirmed that the agreement complied with the Fair Work Act, and that it provided for fair and reasonable terms and conditions. The court was satisfied that the agreement was made in good faith and provided adequate dispute resolution mechanisms. The application was approved, and the agreement was registered under the Fair Work Act.

No further orders were made. The court's decision confirmed the approval and registration of the Valspar Paint (Australia) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2018.

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