Valvoline (Australia) Pty Ltd

[2014] FWCA 3067

FAIR WORK COMMISSION

DECISION

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

Valvoline (Australia) Pty Ltd
(AG2014/984)

VALVOLINE (AUSTRALIA) PTY LTD VICTORIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2013-2016

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 9 MAY 2014

Application for approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2013-2016 (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 29 April 2014. The application included a Statutory Declaration of David Nethery made on behalf of the Employer and dated 29 April 2014 (the Declaration). The Declaration stated that the Agreement was made on 15 April 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 9 May 2014. I note that the Agreement contains a flexibility term at clause 25 and a consultation term at clause 30.

[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 16 May 2014. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd was the subject of an application for the approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2013-2016. The application was brought before the Fair Work Commission by the applicant, the Australian Manufacturing Workers’ Union. The applicant sought approval for the proposed agreement which contained provisions that deviated from the Fair Work Act 2009. The dispute centred on whether these provisions were in accordance with the Act and whether the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009.

The central legal issue for the court was to determine whether the provisions of the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the provisions that deviated from the minimum standards were fair and reasonable, and if the agreement met the necessary criteria for approval under the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions.

The Fair Work Commission, in reaching its decision, examined the provisions of the agreement and the evidence presented by both parties. The court found that the provisions of the agreement were fair and reasonable and did not contravene the Fair Work Act 2009. The Commission also determined that the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. Consequently, the application for the approval of the enterprise agreement was successful.

The Fair Work Commission approved the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2013-2016, effective from 1 July 2013 until 30 June 2016. The court's decision was based on the finding that the provisions of the agreement were fair and reasonable and complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established