Valvoline (Australia) Pty Ltd

[2021] FWCA 6811

[2021] FWCA 6811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2021/8236)

VALVOLINE (AUSTRALIA) PTY LTD & WORKERS’ UNION ENTERPRISE AGREEMENT NEW SOUTH WALES 2021-2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 NOVEMBER 2021

Application for approval of the Valvoline (Australia) Pty Limited & Workers’ Union Enterprise Agreement New South Wales 2021-2022

[1] An application has been made for approval of an enterprise agreement to be known as the Valvoline (Australia) Pty Limited & Workers’ Union Enterprise Agreement New South Wales 2021-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Valvoline (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The title of the Agreement on the NERR provided to employees (“Valvoline (Australia) Pty Limited 2019 – 2021”) differed from the title stated in clause 1 of the Agreement lodged with the Fair Work Commission. I find, having regard to the submissions of the Employer, that this is a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error, and that (notwithstanding this minor procedural or technical error) the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.

[3] The Employer has provided written undertakings dated 22 November 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Oil Refining and Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2021. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A