DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline Australia Pty Ltd
(AG2019/4661)

VALVOLINE (AUSTRALIA) PTY LTD SOUTH AUSTRALIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2021

Oil and gas industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 JANUARY 2020

Application for approval of the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2019 - 2021.

[1] Valvoline Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2019 – 2021 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] The Notice of Employee Representational Rights (Notice) issued at the commencement of bargaining was not strictly compliant with the requirements of s.174 because it included additional content (a date of issue). The Notice was otherwise compliant in all respects. Having regard to the content of the Notice that was issued, in all of the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] Noting clause 6(c) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and further information provided on request of the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 September 2021.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 2

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

2 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Valvoline Australia Pty Ltd was the subject of an application before the Fair Work Commission concerning the approval of the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2019 - 2021. The application was brought by the employer, Valvoline, and sought the approval of the proposed enterprise agreement under the Fair Work Act 2009. The agreement, if approved, would govern the employment conditions of warehousing employees within the South Australian operations of Valvoline.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. This included ensuring that the agreement did not contain any provisions that were contrary to the provisions of the Act, and that it was fairly and appropriately negotiated between the employer and the employees. Additionally, the Commission had to consider whether the agreement provided for the appropriate balance of rights and obligations between the employer and the employees, including fair compensation and working conditions.

In delivering its decision, the Commission examined the terms of the proposed agreement and found that it complied with the statutory requirements. The Commission noted that the agreement was the result of negotiations between the parties and that it contained provisions that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2019 - 2021.

The Fair Work Commission approved the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2019 - 2021, effective from the date of the decision. The approval was based on the finding that the agreement met all statutory requirements and provided for fair and reasonable terms and conditions for the employees covered by the agreement.

Valvoline Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established