DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2019/4126)

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

Oil and gas industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 NOVEMBER 2019

Application for approval of the Valvoline (Australia) Pty Ltd Queensland 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 Queensland 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 regarding the form of the application, about whether the pre-approval requirements were met and the NES. Further information was provided in relation to these concerns.

[3] On the basis of the material contained in the application, further information provided on request of the Commission and I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd applied for approval of an enterprise agreement, the Queensland Warehousing Employees Enterprise Agreement 2019-2021. The Fair Work Commission was required to determine whether the agreement was a genuine enterprise agreement under the Fair Work Act 2009. The dispute centred on the process by which the agreement was negotiated and whether it complied with the statutory requirements.

The main legal issues involved whether the agreement was genuinely negotiated and whether it was properly certified. The court had to assess the bargaining process, the negotiation records, and the employer’s compliance with the Act. The employer argued that the agreement was genuinely negotiated and certified, while the objectors claimed that the process did not meet the statutory criteria. The court examined the process through which the agreement was negotiated, including the timeliness of the certification and the manner in which the agreement was communicated to the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and certified in accordance with the Act. The Commission was satisfied with the evidence presented regarding the negotiation process, the timeliness of the certification, and the communication of the agreement to the employees. The Commission concluded that the employer had demonstrated compliance with the statutory requirements for a genuine enterprise agreement. Consequently, the Commission approved the enterprise agreement.

The Commission ordered that the Queensland Warehousing Employees Enterprise Agreement 2019-2021 be approved as a genuine enterprise agreement under the Fair Work Act 2009. The decision confirmed that the agreement met all the necessary criteria and was properly negotiated and certified.

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