DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2016/7246)

VALVOLINE (AUSTRALIA) PTY LTD & AUSTRALIAN WORKERS’ UNION, ENTERPRISE AGREEMENT NEW SOUTH WALES 2016-2019

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2016-2019 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement with the Australian Workers’ Union. The agreement pertained to the period 2016 to 2019 and involved the terms and conditions of employment for certain employees within the organisation. The application came before the Fair Work Commission, with the union and the employer presenting their respective arguments on the fairness and validity of the agreement.

The primary legal issue the court had to address was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. This involved determining if the agreement was in the best interests of the employees, if it included provisions that were procedurally and substantively fair, and if it complied with all relevant legislative standards. The court also had to consider submissions from both parties regarding the agreement’s compliance with the ‘better off overall test’.

In reaching its decision, the Fair Work Commission examined the submissions and evidence presented by both parties. It assessed the agreement against the criteria established under the Fair Work Act, focusing on the procedural fairness of the agreement-making process and the substantive fairness of the terms within the agreement. The commission considered the economic and non-economic benefits and detriments to the employees, the bargaining power of the parties, and whether the agreement provided a better outcome for the employees overall. After thorough deliberation, the commission concluded that the agreement met the statutory requirements and approved it.

The final orders of the Fair Work Commission were that the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2016-2019 be approved as a registered agreement under the Fair Work Act 2009. This approval ensured that the agreement would be legally binding and enforceable for the specified period.

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