Valvoline (Australia) Pty Limited Summary

[2024] FWCA 478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Valvoline (Australia) Pty Limited

(AG2024/110)

VALVOLINE (AUSTRALIA) PTY LTD CENTRAL WEST WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2023 - 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 1 MARCH 2024

Application for approval of the Valvoline (Australia) Pty Ltd Central West Warehousing Employees Enterprise Agreement 2023 - 2024

An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Central West Warehousing Employees Enterprise Agreement 2023 - 2024 (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 requirements of ss186, 187, 188 and 190 as relevant to this application for approval, have been met.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act 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 from 8 March 2024. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Valvoline (Australia) Pty Limited has applied for the approval of the Valvoline (Australia) Pty Ltd Central West Warehousing Employees Enterprise Agreement 2023-2024 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement that will apply to employees working in warehousing for Valvoline in Central West, Australia. The application was made by Valvoline (Australia) Pty Limited, the employer party to the agreement. The Fair Work Commission was tasked with assessing the application and determining whether the agreement met the criteria for approval under the Act.

The primary legal issue for the Commission to consider was whether the agreement met the requirements of sections 186, 187, 188 and 190 of the Act. The Commission had to be satisfied that the agreement had been made genuinely and freely, was not contrary to public policy, provided for the proper classification and remuneration of employees, and included any necessary dispute resolution procedures. Additionally, the Commission needed to be satisfied that the undertakings provided by the employer would not result in financial detriment to employees or substantial changes to the agreement.

After reviewing the application and the agreement, Commissioner Thornton was satisfied that all requirements for approval had been met. The Commission noted that the undertakings provided by the employer would not result in financial detriment to employees or substantial changes to the agreement. The Commission also determined that where there were inconsistencies between the agreement and the National Employment Standards in the Act, the more beneficial entitlements would prevail. Accordingly, the Commission approved the agreement, which will operate from 8 March 2024 until 30 September 2024.

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