Valspar Paint (Australia) Pty Ltd; Valspar (WPC) Pty Ltd

Case [2017] FWCA 293


[2017] FWCA 293
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd; Valspar (WPC) Pty Ltd
(AG2016/7938)

VALSPAR GROUP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 16 JANUARY 2017

Application for approval of the Valspar Group Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Valspar Group Enterprise Agreement 2016 (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] The Applicant 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] The 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 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 1 December 2019.

DEPUTY PRESIDENT

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Annexure A

Details
AGLC
Valspar Paint (Australia) Pty Ltd; Valspar (WPC) Pty Ltd [2017] FWCA 293
Case
[2017] FWCA 293
Decision Date

CaseChat Overview and Summary

Valspar Paint (Australia) Pty Ltd and Valspar (WPC) Pty Ltd applied to the Fair Work Commission for approval of the Valspar Group Enterprise Agreement 2016. The applicants sought to have the agreement registered under the Fair Work Act 2009 to ensure its enforceability. The application was contested by the Australian Manufacturing Workers’ Union, which raised concerns about the agreement's terms and conditions for employees.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test." The Commission also needed to determine whether the agreement was genuinely negotiated and if it appropriately balanced the interests of both employers and employees.

The Commission found that the Valspar Group Enterprise Agreement 2016 satisfied the requirements of the Fair Work Act. It concluded that the agreement provided for fair and reasonable terms and conditions, and that employees would be better off overall with the new agreement. The Commission also determined that the agreement was genuinely negotiated and appropriately balanced the interests of both parties. Consequently, the application for approval was successful.

The Fair Work Commission approved the Valspar Group Enterprise Agreement 2016, and it was registered under the Fair Work Act 2009. The decision confirmed the enforceability of the agreement, ensuring that the terms and conditions it contained would apply to the employees of Valspar Paint (Australia) Pty Ltd and Valspar (WPC) Pty Ltd.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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