Valspar (WPC) Pty Ltd Summary

[2014] FWCA 4769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Valspar (WPC) Pty Ltd
(AG2014/1733)

VALSPAR (WPC) PTY LTD (KILBURN) WAREHOUSE AND DISTRIBUTION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2014

Application for approval of the Valspar (WPC) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Valspar (WPC) Pty Ltd (Kilburn) Warehouse and Distribution 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 (WPC) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers (NUW), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2014. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Valspar (WPC) Pty Ltd, the applicant, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Valspar (WPC) Pty Ltd (Kilburn) Warehouse and Distribution Enterprise Agreement 2014. The nature of the dispute was over the fairness and compliance of the agreement with the relevant statutory provisions. The Fair Work Commission, acting under the Fair Work Act 2009, was the court that heard and decided the matter.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for fair terms and conditions of employment, and whether it met the criteria for approval under the relevant provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for the proper protection of employee interests, and if it complied with the procedural requirements for registration. The Commission also needed to ensure that the agreement did not undermine the protection afforded by the National Employment Standards and the general protections provided by the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated and that it provided for fair terms and conditions of employment. The Commission was satisfied that the applicant had complied with the procedural requirements for registration and that the agreement did not undermine the protection afforded by the National Employment Standards or the general protections provided by the Fair Work Act. The Commission concluded that the agreement was in the interests of the employees covered by it and approved the application for registration. The Commission considered that the agreement was fair and reasonable, taking into account the overall benefits and detriments to the employees and the overall fairness of the agreement.

Valspar (WPC) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established