Valvoline Australia Pty Ltd

[2025] FWCA 3087

[2025] FWCA 3087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Valvoline Australia Pty Ltd

(AG2025/2578)

VALVOLINE AUSTRALIA (CENTRAL WEST) ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER ROGERS	ADELAIDE, 11 SEPTEMBER 2025

Application for approval of the Valvoline Australia (Central West) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Valvoline Australia (Central West) Enterprise Agreement 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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009(Cth). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

1. The Applicant has provided written undertakings, a copy of which 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Pursuant to s.205A(2) of the Act, the Workplace Delegates’ Rights term in Clause 29A of the Oil Refining and Manufacturing Award 2020 is taken to be a term of the Agreement.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

   ·   Public holiday payment: Clause 22.5 of the agreement states that ‘where an Employee is absent from work on the working day before or after a public holiday or is required to work on such public holiday and is absent without reasonable excuse, to the satisfaction of the Company, the Employee shall not be entitled to payment for such public holiday’. This may be inconsistent with s.116 of the Act, which provides that if an employee is absent from their employment on a public holiday, the employer must pay the employee at the employee’s base rate of pay for their ordinary hours of work on the day or part‑day.

   ·   Personal/carer’s leave notice: Clause 26.5 states that an employee is required to give notice as soon as reasonably practicable before the commencement of their rostered start time or within twenty-four (24) hours where appropriate. This appears inconsistent with s.107(2)(a) of the Act which states that notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

1. Noting Clause 6.2 of the Agreement, 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.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause casual employees to be better off under the Award are not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 18 September 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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Annexure A