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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd, an employer, and the Automotive, Metals and Engineering Employees’ Union of Australia, representing employees, sought approval for the Valvoline (Australia) Pty. Limited 2014-2016 Clerical Collective Enterprise Agreement from the Fair Work Commission. The union argued for the agreement's approval, while the employer contested it on grounds that the union lacked the necessary support from employees and that the agreement was not in the best interests of the enterprise. The case was heard in the Fair Work Commission, which had to determine the validity of the proposed agreement.

The legal issues before the Commission were whether the union had sufficient support from the employees to represent them in negotiations and whether the agreement was in the best interests of the enterprise. The Commission examined the evidence provided by both parties, including the union's membership and the employer's arguments regarding the agreement's terms. The Commission had to balance the rights of the employees to be represented by their chosen union against the employer's right to negotiate in good faith and the interests of the enterprise.

The Fair Work Commission found that the union had sufficient support from the employees and that the proposed agreement was in the best interests of the enterprise. The Commission accepted the union's evidence that it had the necessary support from employees and rejected the employer's arguments that the agreement was not beneficial to the enterprise. The Commission emphasised the importance of the union's role in representing employees and the need for a fair and balanced agreement. The Commission approved the Valvoline (Australia) Pty. Limited 2014-2016 Clerical Collective Enterprise Agreement.

The Commission ordered the approval of the Valvoline (Australia) Pty. Limited 2014-2016 Clerical Collective Enterprise Agreement, effective from 1 January 2015. The agreement was to remain in force until 31 December 2016, subject to the parties' rights to negotiate a new agreement during that period. The employer was required to comply with the terms of the agreement, and the union was recognised as the authorised bargaining agent for the employees. The decision reinforced the importance of fair and balanced negotiations and the role of the union in representing employees.

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