DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd T/A Valspar Paints
(AG2015/646)

VALSPAR PAINT (AUSTRALIA) PTY LTD TRADE PAINT CENTRE - TASMANIA ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 10 APRIL 2015

Application for approval of the Valspar Paint (Australia) Pty Ltd Trade Paint Centre - Tasmania Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Valspar Paint (Australia) Pty Ltd Trade Paint Centre - Tasmania Enterprise Agreement 2014 (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. 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 Shop, Distributive and Allied Employees Association, 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 was approved on 10 April 2015 and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Valspar Paint (Australia) Pty Ltd and its employees in Tasmania. The matter was heard in the Fair Work Commission, which is responsible for handling workplace relations disputes in Australia. The agreement in question was the Valspar Paint (Australia) Pty Ltd Trade Paint Centre - Tasmania Enterprise Agreement 2014. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the process leading to the agreement was fair and appropriate.

The Commission considered whether the agreement was made in good faith, whether it was free from coercion and undue influence, and if it complied with the relevant provisions of the Fair Work Act. The employer argued that the agreement was the result of genuine negotiations and that it provided for fair and reasonable terms and conditions of employment. The employees, on the other hand, raised concerns about certain provisions in the agreement, particularly those relating to pay rates and conditions. After examining the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and was free from any form of coercion or undue influence. The Commission also determined that the agreement complied with the statutory requirements and that it provided for fair and reasonable terms and conditions of employment.

Consequently, the Fair Work Commission approved the Valspar Paint (Australia) Pty Ltd Trade Paint Centre - Tasmania Enterprise Agreement 2014. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements and are made in good faith, free from any form of coercion or undue influence. The Commission's approval of the agreement serves as a reminder to employers and employees of their obligations under the Fair Work Act and the importance of engaging in genuine negotiations to reach a fair and reasonable outcome.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established