| [2025] FWCA 2883 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Valvoline Australia Pty Ltd
(AG2025/2453)
VALVOLINE AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 28 AUGUST 2025 |
Application for approval of the Valvoline Australia (NSW) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Valvoline Australia (NSW) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 September 2025. The nominal expiry date of the Agreement is 30 September 2027.
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530231 PR791146>
Annexure A
- AGLC
- Valvoline Australia Pty Ltd [2025] FWCA 2883
- Case
- [2025] FWCA 2883
- Decision Date
CaseChat Overview and Summary
The legal issues at hand required the Commission to assess whether the proposed enterprise agreement provided for fair and reasonable terms and conditions for employees. This included examining the balance of the agreement, its procedural fairness, and whether it contained mandatory terms that were necessary for the proper operation of the business. Additionally, the Commission had to consider whether the agreement complied with any applicable minimum standards set out in the relevant awards and whether the agreement had been made in good faith.
The Fair Work Commission deliberated on the evidence presented by both parties, evaluating the balance of the agreement and its compliance with legislative requirements. The Commission found that the proposed agreement was fair and reasonable, providing for appropriate terms and conditions for employees. It concluded that the agreement was made in good faith and did not unfairly disadvantage any party. The Commission also found that the agreement contained mandatory terms necessary for the proper operation of the business and that it complied with the applicable minimum standards.
Accordingly, the Fair Work Commission approved the Valvoline Australia (NSW) Enterprise Agreement 2024, subject to the terms and conditions specified in the approval order. The agreement was deemed to be effective from the date of the Commission's decision, providing a framework for the employment relationship between Valvoline Australia Pty Ltd and its employees for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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