Valvoline Australia Pty Ltd

[2024] FWCA 2532

[2024] FWCA 2532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Valvoline Australia Pty Ltd

(AG2024/2211)

VALVOLINE (AUSTRALIA) PTY LTD VICTORIA WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2023 - 2024

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2024

Application for approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2023 - 2024

1. An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2023 - 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. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.  

1. The Agreement is approved and in accordance with s.54, will operate from 16 July 2024. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

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