Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited
[2023] FWCA 660
•28 FEBRUARY 2023
| [2023] FWCA 660 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited
(AG2023/394)
Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement -2021 - 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 28 FEBRUARY 2023 |
Application for approval of the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement -2021 - 2022
An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement -2021 - 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valvoline (Australia) Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) distributed to employees appears to have named the Agreement as the Valvoline (Australia) Pty Limited South West Region Warehousing Employee Enterprise Agreement 2022 – 2023 which was subsequently changed to Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement -2021 – 2022 as bargaining progressed. The title is clearly expressed at clause 1 although I note that the cover page and footer is not consistent with that title. I am however satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that Clause 27 of the Agreement with respect to Abandonment of Employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2023
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519354 PR751276>
0
0
0