Valvoline (Australia) Pty Ltd

[2019] FWCA 7352

[2019] FWCA 7352

FAIR WORK COMMISSION

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employees was not in the prescribed form. 1 Firstly, it incorrectly referred to s 174(6) of the Act (which has now been repealed), rather than s 174(1A) which sets out notice requirements.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

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