DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2016/7027)

VALVOLINE (AUSTRALIA) PTY LIMITED VICTORIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2016-2019

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Limited Victoria 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 28 December 2016. 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 recently sought approval for the Victoria Warehousing Employees Enterprise Agreement 2016-2019. The applicant, an employer in the automotive industry, argued that the agreement should be approved under the Fair Work Act 2009. The Fair Work Commission was the body responsible for determining the validity of the proposed enterprise agreement. The applicant contended that the agreement met the requirements of the Act, while the respondents, the trade union and individual employees, argued that certain provisions of the agreement did not comply with the Act.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether the agreement contained permissible content. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it was free from illegality, and whether it contained permissible terms and conditions. The Commission also needed to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012.

The Commission found that the agreement was made in good faith and was free from illegality. The Commission also determined that the agreement contained permissible terms and conditions, including provisions related to wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement complied with the Fair Work Act and other relevant legislation. The Commission approved the agreement, finding that it met the necessary requirements for registration under the Act. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreement rather than by the general provisions of the Fair Work Act.

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