Valvoline (Australia) Pty Ltd

[2023] FWCA 603

[2023] FWCA 603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd

(AG2023/272)

Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2022-2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 23 FEBRUARY 2023

Application for approval of the Valvoline (Australia) Pty Ltd & Australian Workers’ Union, Enterprise Agreement New South Wales 2022-2023

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 2022 - 2023 (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 Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. 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.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I note that clause 3 of the Agreement states that the Agreement will commence from the first full pay period on or from the date of approval by the Fair Work Commission, however it will instead commence 7 days after its approval of todays date in accordance with s.54(1) of the Act.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 27 (c) – Abandonment of Employment.

However, noting clause 7(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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