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

[2023] FWCA 602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/287)

Valvoline (Australia) Pty Ltd Clerical Collective Agreement 2022-2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 FEBRUARY 2023

Application for approval of the Valvoline (Australia) Pty Ltd Clerical Collective Enterprise Agreement 2022 - 2023

An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Clerical Collective 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 Ltd (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 the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 27(c) – Abandonment of Employment.

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 for the approval of the Valvoline (Australia) Pty Ltd Clerical Collective Enterprise Agreement 2022 - 2023. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for clerical staff within Valvoline, including aspects such as remuneration, working hours, leave provisions, and dispute resolution mechanisms.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of the fairness and appropriateness of its provisions for the employees. The Commission needed to ensure that the agreement did not adversely affect employees in terms of their wages, conditions, or entitlements, and that it provided a fair framework for resolving any future disputes. Additionally, the Commission had to consider if the agreement was genuinely negotiated and if it complied with the procedural fairness requirements set out in the Act.

The Commission found that the agreement contained terms and conditions that were fair and appropriate, given the specific circumstances of the clerical staff at Valvoline. The agreement provided for a reasonable balance between the interests of the employer and the employees, taking into account the commercial realities of the business. The Commission was satisfied that the agreement had been genuinely negotiated and that it complied with the procedural fairness requirements. Consequently, the Commission approved the agreement, acknowledging that it would serve as a fair and effective framework for the employment relationship between Valvoline and its clerical staff.

The Fair Work Commission approved the Valvoline (Australia) Pty Ltd Clerical Collective Enterprise Agreement 2022 - 2023, confirming its compliance with the Fair Work Act. This decision provided certainty for both the employer and the employees, ensuring that the agreement would govern their employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established