Valvoline (Australia) Pty Ltd

[2015] FWCA 322

[2015] FWCA 322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2014/11035)

VALVOLINE (AUSTRALIA) PTY. LIMITED 2014-2016 CLERICAL COLLECTIVE ENTERPRISE AGREEMENT

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 14 JANUARY 2015

Application for approval of the Valvoline (Australia) Pty. Limited 2014-2016 Clerical Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty. Limited 2014- 2016 Clerical Collective Enterprise Agreement(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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 December 2014. The application included a Statutory Declaration of David Nethery made on behalf of the Employer and dated 22 December 2014 (the Declaration). The Declaration stated that the Agreement was made on 9 December 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 14 January 2015. I note that the Agreement contains a flexibility term at clause 32 and a consultation term at clause 31.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 21 January 2015. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 30 September 2016.

COMMISSIONER

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