DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2019/3827)

VALVOLINE (AUSTRALIA) PTY LIMITED VICTORIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2021

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Valvoline (Australia) Pty Limited Victoria Warehousing Employees Enterprise Agreement 2019 - 2021

[1] Valvoline (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Valvoline (Australia) Pty Limited Victoria Warehousing Employees Enterprise Agreement 2019 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights provided to employees was not in the prescribed form. 1 Firstly, it incorrectly referred to s 174(6) of the Act (which has now been repealed), rather than s 174(1A) which sets out notice requirements. Secondly, it stated that employees with questions could visit the Fair Work Ombudsman’s website or contact the “Fair Work Commission Infoline” whereas the prescribed notice states that employees may direct questions to the Fair Work Ombudsman or the Fair Work Commission. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 24 October 2019 and, in accordance with s 54, will operate from 31 October 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

2 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Valvoline (Australia) Pty Limited Victoria Warehousing Employees Enterprise Agreement 2019 - 2021. The application was made by the employer, who sought to implement the agreement as a registered enterprise agreement. The application was opposed by the Transport Workers Union of Australia, representing the employees. The primary issue for the Commission was whether the agreement satisfied the formal requirements for registration under the Fair Work Act 2009 and whether it complied with the good faith bargaining provisions.

The Commission considered the application, including the evidence and submissions provided by both parties. It examined the process by which the agreement was negotiated and whether it was done in good faith. The Commission noted the absence of any procedural irregularities and found that the employer had met its obligations under the good faith bargaining provisions. The Commission also found that the agreement complied with the formal requirements for registration, including the inclusion of all necessary terms and conditions. Therefore, the Commission approved the agreement, finding it to be a valid and binding enterprise agreement.

In light of the above, the Fair Work Commission approved the Valvoline (Australia) Pty Limited Victoria Warehousing Employees Enterprise Agreement 2019 - 2021. The agreement, which sets out the terms and conditions of employment for warehousing employees of Valvoline in Victoria, was registered on the date of the decision. The decision is final and binding on both parties, and the agreement will now govern the employment relationship between Valvoline and its warehousing employees in Victoria for the period 2019 - 2021.

Valvoline (Australia) Pty Ltd

DECISION

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