Valvoline (Australia) Pty Ltd

[2021] FWCA 6503

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2021/7960)

VALVOLINE (AUSTRALIA) PTY LTD QUEENSLAND WAREHOUSING EMPLOYEES ENTERPRISE AGREEMENT 2021-2022

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 1 NOVEMBER 2021

Application for approval of the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2021-2022

[1] An application has been made for approval of an enterprise agreement known as the Valvoline (Australia) Pty Ltd Queensland Warehousing Employees Enterprise Agreement 2021-2022 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valvoline (Australia) Pty Ltd recently sought approval from the Fair Work Commission for the Queensland Warehousing Employees Enterprise Agreement 2021-2022. The agreement in question was submitted to the Commission following the completion of the bargaining process. The application was made under section 230 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it is satisfied that the agreement complies with the relevant provisions of the Act. The legal issues the Court was required to decide were whether the agreement complied with the procedural requirements of the Act and whether the agreement was in the best interests of the employees covered by it. The Court found that the agreement met the procedural requirements and was in the best interests of the employees. The Court noted that the agreement provided for a number of improvements in terms and conditions for the employees, including increases in pay rates and the introduction of a more flexible work schedule. The Court also noted that the agreement provided for a number of protections for employees, including protections against discrimination and protections for employees who are subject to workplace bullying. The Court was satisfied that the agreement was a fair and reasonable one and approved the agreement. The approval of the agreement is a significant step forward for the employees covered by it and ensures that they will benefit from improved terms and conditions of employment. The Court's decision is a welcome one for the employees and provides them with greater job security and improved working conditions. The approval of the agreement is also a positive development for the employer, as it provides for a more flexible and productive workplace. The Court's decision is a fair and reasonable one and provides for the best interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established