Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited

[2023] FWCA 657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited

(AG2023/288)

Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2022-2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 28 FEBRUARY 2023

Application for approval of the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2022-2023

An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2022-2023 (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.

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

CaseChat Overview and Summary

Valvoline (Australia) Pty Limited, trading as Valvoline (Australia) Pty Limited, applied to the Fair Work Commission for approval of the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2022-2023. The applicants sought to finalise the enterprise agreement with the Queensland Branch of the Transport Workers Union, which had been negotiated by the parties. The application for approval was contested by the Transport Workers Union Queensland Branch.

The key legal issues for the Commission to determine were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the minimum entitlements it provided to employees. The Commission considered the agreement's compliance with the Fair Work Act's "better off overall test," which requires that employees are not worse off financially under the new agreement than they were under the previous agreement or the applicable award. The Commission also examined whether the agreement was made in good faith and whether the process by which it was negotiated was fair.

The Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement provided for terms and conditions that were not less favourable than those provided by the applicable award or previous enterprise agreement. The Commission determined that the agreement was made in good faith and that the process by which it was negotiated was fair and transparent. Accordingly, the Commission approved the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2022-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established