Valspar Paint (Australia) Pty Ltd

[2016] FWCA 3928

[2016] FWCA 3928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valspar Paint (Australia) Pty Ltd
(AG2016/1107)

VALSPAR PAINT (AUSTRALIA) PTY LTD NEW SOUTH WALES PAINT CENTRE ENTERPRISE AGREEMENT 2016

Retail industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 JUNE 2016

Application for approval of the Valspar Paint (Australia) Pty Ltd NEW SOUTH WALES PAINT CENTRE ENTERPRISE AGREEMENT 2016

[1] An application has been made by Valspar Paint (Australia) Pty Ltd (the applicant/Valspar) for the approval of an enterprise agreement known as the Valspar Paint (Australia) Pty Ltd NEW SOUTH WALES PAINT CENTRE ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers New South Wales paint centre employees who are engaged in the applicant’s retail and stores network. As per s.186(3A) of the Act, I am satisfied that the group of employees was fairly chosen based on the operational and geographical distinctiveness of the proposed coverage.

[3] United Voice (NSW Branch) (United Voice) being a bargaining representative has filed a statutory declaration (F18) in support of the approval of the Agreement.

Complying superannuation fund

[4] The Commission wrote to the applicant expressing concern that the super fund outlined in clause 37 of the Agreement- Superannuation, does not outline whether the fund offers a MySuper product as required under s.194(h)(i) of the Act.

[5] In response to the Commission’s concerns, the applicant provided evidence that Valspar's default fund ‘Plum Superannuation Fund’ provides a MySuper product. I am satisfied that the Agreement complies with s.194(h)(i) of the Act.

Signed copy of the Agreement - Regulation 2.06A of the Fair Work Regulations 2009

[6] The signatures page of the submitted Agreement did not contain an explanation of the applicant’s representative’s authority to sign the Agreement as per Regulation 2.06A(2)(b)(ii) of the Fair Work Regulations 2009 (the Regulations). At the request of the Commission, the applicant has provided a signed copy of the Agreement in compliance with the Regulations.

Better off overall test (BOOT)

[7] The General Retail Industry Award 2010 (Award) is the relevant reference instrument for the purposes of the better off over all test (BOOT) as required under s.186 of the Act.

[8] The Agreement provides base rates of pay which are higher than the corresponding minimum rates of pay under the Award, being 23.04% to 42.18% higher for all employees.

[9] Employees are entitled to payment of annual leave loading, weekend penalty rates, and overtime payments for all work outside to their ordinary hours and public holiday penalties as per the Award.

Conclusion

[10] Taking into account the higher rates of pay under the Agreement, I am satisfied that employees will be better off overall under the Agreement.

[11] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[12] United Voice has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[13] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 7 July 2016. The nominal expiry date of the Agreement is 1 February 2019.

DEPUTY PRESIDENT

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