DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2016/7028)

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

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Valvoline (Australia) Pty Ltd Queensland 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 Queensland 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 applied for the approval of the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2016-2019. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, with Deputy President Smith presiding. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the proposed enterprise agreement, specifically concerning the employment of warehousing employees within Queensland.

The legal issues before the Commission involved assessing whether the agreement met the requirements of section 233 of the Fair Work Act, which mandates that the agreement must provide for fair and appropriate terms and conditions, including minimum rates of pay, allowances, and other entitlements. The Commission had to determine whether the proposed agreement achieved a balance between the interests of the employer and the employees, and whether it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement provided for fair and appropriate terms and conditions. The Deputy President highlighted that the agreement included provisions for minimum rates of pay, allowances, and other entitlements, which were consistent with the objectives of the Fair Work Act. The Deputy President also considered the submissions from both the applicant and the employees' representative, and concluded that the agreement achieved an appropriate balance between the interests of the employer and the employees. As such, the application for approval was successful.

The Fair Work Commission approved the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2016-2019, effective from the date of the approval. The agreement is to be registered with the Fair Work Ombudsman and will apply to the relevant employees until it is replaced or terminated in accordance with 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