Valvoline Australia Pty Ltd Summary

[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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline Australia Pty Ltd applied to the Fair Work Commission for the approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2023-2024. The application was made under section 240 of the Fair Work Act 2009. The dispute arose between Valvoline Australia and the Australian Manufacturing Workers' Union, which represented the warehousing employees. The primary issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act.

The Fair Work Commission considered whether the agreement was made in good faith, whether it complied with the procedural requirements, and if the provisions of the agreement met the "better off overall test" (BOOT). The Commission examined the bargaining process to ensure it was conducted in good faith and that the parties had genuinely attempted to negotiate. Additionally, the Commission evaluated the terms and conditions of the agreement to determine if they provided employees with a fair and reasonable outcome compared to their previous terms.

In its decision, the Fair Work Commission found that the agreement was made in good faith and adhered to the procedural requirements. The Commission also concluded that the proposed agreement satisfied the BOOT, as it provided employees with better overall terms and conditions of employment. The Commission approved the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement 2023-2024, noting that it met all legal requirements and provided a fair outcome for both parties.

The Fair Work Commission approved the enterprise agreement, effective from 1 July 2023, and set out the terms and conditions for the warehousing employees for the period 2023-2024. The approval was made under the authority of the Fair Work Act, and the agreement now governs the employment relationship between Valvoline Australia and its warehousing employees in Victoria.

Valvoline Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established