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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Limited T/A Valvoline (Australia) Pty Limited applied to the Fair Work Commission for the approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement –2022-2023. The dispute arose from the negotiation of a new enterprise agreement between the company and its employees, with the Fair Work Commission being responsible for assessing the agreement to ensure it complies with the relevant industrial legislation.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This included verifying if the agreement was made in good faith, contained terms that were not less favourable than the applicable minimum terms of the relevant award, and adhered to the procedural requirements set out in the legislation. Furthermore, the Commission had to consider whether the agreement contained any terms that were contrary to public policy or had the potential to undermine the integrity of the industrial relations system.

The Fair Work Commission found that the enterprise agreement was made in good faith and did not contain any terms that were less favourable than the applicable minimum terms of the relevant award. The agreement was deemed to comply with the procedural requirements of the Fair Work Act, and the Commission was satisfied that it did not include any terms that were contrary to public policy. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees and was in line with the principles of the industrial relations system. Therefore, the Commission approved the enterprise agreement.

The final order of the Fair Work Commission was that the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement –2022-2023 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established