Valvoline (Australia) Pty Ltd

[2014] FWCA 2989

[2014] FWCA 2989

FAIR WORK COMMISSION

DECISION

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

Valvoline (Australia) Pty Ltd
(AG2014/797)

VALVOLINE (AUSTRALIA) PTY LTD & AUSTRALIAN WORKERS’ UNION, ENTERPRISE AGREEMENT NEW SOUTH WALES 2013- 2016

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 7 MAY 2014

Application for approval of the Valvoline (Australia) Pty Ltd & Australian Workers' Union, Enterprise Agreement New South Wales 2013- 2016.

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 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 7 April 2014. The application included a Statutory Declaration of David Nethery dated 7 April 2014 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 21 March 2014. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 3 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[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 7 May 2014. I note that the file has included a Statutory Declaration of Stephen Leslie made on behalf of The Australian Workers’ Union (the AWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 27 and a consultation term at clause 33.

[6] 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.

[7] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 14 May 2014. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 30 September 2016.

COMMISSIONER

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