Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited
[2023] FWCA 593
•23 FEBRUARY 2023
| [2023] FWCA 593 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited
(AG2023/289)
Application for approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement –2022-2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 23 FEBRUARY 2023 |
Application for approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement –2022-2023
An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Victoria 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 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
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