Valvoline (Australia) Pty Ltd

Case [2016] FWCA 9189


[2016] FWCA 9189
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2016/7103)

VALVOLINE (AUSTRALIA) PTY LTD WESTERN AUSTRALIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2016-2019

Oil and gas industry

COMMISSIONER GREGORY

MELBOURNE, 22 DECEMBER 2016

Application for approval of the Valvoline (Australia) Pty Limited Western Australia Warehousing Employees Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Western Australia Warehousing Employees Enterprise Agreement 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

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Details
AGLC
Valvoline (Australia) Pty Ltd [2016] FWCA 9189
Case
[2016] FWCA 9189
Decision Date

CaseChat Overview and Summary

The applicant, Valvoline (Australia) Pty Ltd, sought approval of the Valvoline (Australia) Pty Limited Western Australia Warehousing Employees Enterprise Agreement 2016-2019. The Fair Work Commission was the court in this case. The dispute arose because the applicant and the union representing the warehousing employees could not agree on certain terms and conditions of employment.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant legislative framework and whether the agreement was in the best interests of the employees. The Commission had to consider the application and any submissions made by interested parties, including the union and the employees.

After reviewing the submissions and the evidence, the Commission determined that the proposed enterprise agreement was fair and reasonable. The Commission found that the agreement was in the best interests of the employees and complied with the relevant legislative requirements. The Commission approved the enterprise agreement, which will now be in effect for the specified period.

The Fair Work Commission approved the enterprise agreement, finding it to be fair and reasonable, and in the best interests of the employees. The agreement will now be in effect for the specified period, and any disputes arising under the agreement will be governed by its terms.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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