Valvoline Australia Pty Ltd
[2025] FWCA 2333
•17 JULY 2025
| [2025] FWCA 2333 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Valvoline Australia Pty Ltd
(AG2025/2199)
VALVOLINE AUSTRALIA (VIC) ENTERPRISE AGREEMENT 2024
| Oil and gas industry | |
| COMMISSIONER REDFORD | MELBOURNE, 17 JULY 2025 |
Application for approval of the Valvoline Australia (VIC) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Valvoline Australia (VIC) Enterprise Agreement 2024 (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 (Valvoline). The Agreement is a single enterprise agreement.
Undertakings
In response to several issues raised with Valvoline in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
The undertakings relate to:
a.The employment of casual employees, trainees and apprentices.
Workplace Delegates Rights
As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by clause 29A of the Oil Refining and Manufacturing Award 2020 is taken to be a term of the Agreement.
Interaction with the National Employment Standards
Clause 6.2 of the Agreement provides it will be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this Agreement:
a.Clause 26.5 of the Agreement provides that an employee is required to give notice for personal leave as soon as reasonably practicable before the commencement of their rostered start time, or within 24 hours. Clause 26.6 of the Agreement further provides that an employee must provide notice by telephone call and that SMS or email is not considered adequate notification. Section 107(2)(a) of the Act (which is part of the NES) requires that notice must be given to an employer “as soon as practicable (which may be at a time after the leave has started)”. Nothing in the Act provides that notice by way of email or SMS is an inadequate means of providing this notice. To the extent that clauses 26.5 and 26.6 are inconsistent with these standards, they will have no effect as a result of the NES precedence clause.
b.Clause 22.5 of the Agreement provides that where an employee is absent from work on the working day before or after a public holiday or is required to work on such public holiday and is absent without reasonable excuse, the employee shall not be entitled to payment for such public holiday. This may be inconsistent with s 116 of the Act which provides that if an employee is absent from his or her employment on a day or part day that is a public holiday, the employer must pay the employee at the employee's base rate of pay for the employee's ordinary hours of work on the day or part day. To the extent that clause 22.5 of the agreement is inconsistent with this standard, it will have no effect as a result of the NES precedence clause.
Consideration
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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