DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd T/A Valspar
(AG2020/2238)

SHERWIN-WILLIAMS NEW SOUTH WALES PAINT CENTRE ENTERPRISE AGREEMENT 2019

Retail industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 25 AUGUST 2020

Application for approval of the Sherwin-Williams New South Wales Paint Centre Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Sherwin-Williams New South Wales Paint Centre Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Valspar, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I have noted that the Notice of Employee Representational Rights (NERR) indicated that the name of the enterprise agreement Valspar was bargaining for was the Valspar Paint (Australia) Pty Ltd New South Wales Paint Centre Enterprise Agreement 2019. Valspar has advised that during the course of bargaining, the title of the enterprise agreement was changed to be consistent with the internal re-branding of the company name as a result of the global change and that this was at all times communicated throughout the bargaining process with the employees and employee bargaining representatives. I am therefore satisfied that the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed notwithstanding this minor technical error. 1

[4] 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.

[5] The United Workers’ Union (UWU), 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 UWU, I note the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 1 September 2020. The nominal expiry date of the Agreement is 1 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 Fair Work Act 2009, s.188(2).

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd, trading as Valspar, applied for the approval of the Sherwin-Williams New South Wales Paint Centre Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The primary dispute centred around whether the proposed agreement met the requirements for approval under the legislation and whether it was in the best interests of the employees covered by the agreement.

The court was required to determine whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the bargaining, the interests of the employees, and any relevant awards or agreements. Additionally, the court needed to assess whether the agreement complied with the good faith bargaining requirements and whether any procedural fairness was observed during the negotiation process.

The Fair Work Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions for the employees. The court considered the evidence presented by both parties, including the submissions made by the applicant, the union, and the employees. The Commission determined that the agreement was in the best interests of the employees and met the necessary legislative requirements. The court found that the agreement had been negotiated in good faith and that the process observed procedural fairness.

The final orders included the approval of the Sherwin-Williams New South Wales Paint Centre Enterprise Agreement 2019, subject to the terms and conditions outlined in the decision. The agreement was to be registered and would be in effect for the specified period. The court also noted that any disputes arising under the agreement would be subject to the Fair Work Act 2009 and the relevant procedures within the Commission.

Valspar Paint (Australia) Pty Ltd T/A Valspar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established