Valvoline (Australia) Pty Ltd Summary

[2021] FWCA 6502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2021/7961)

VALVOLINE (AUSTRALIA) PTY LTD SOUTH AUSTRALIA 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 South Australia 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 South Australia 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 is the subject of a dispute regarding the approval of an enterprise agreement for employees in South Australia. The application for approval was made to the Fair Work Commission, which was asked to determine if the agreement met the necessary legal criteria. The enterprise agreement in question pertains to warehousing employees at Valvoline for the period 2021 to 2022. The legal issues that the Commission needed to resolve included whether the agreement provided for the employees' wages and conditions in a manner that was fair and reasonable, whether it complied with the Fair Work Act 2009, and whether it was genuinely agreed upon by the relevant parties.

The Commission considered the arguments presented by both Valvoline and the union representatives, focusing on the terms of the agreement, the process by which it was negotiated, and its compliance with statutory requirements. It assessed whether the agreement provided adequate protection for the employees, ensuring fair wages and conditions, and whether it met the statutory requirements for approval. Additionally, the Commission examined the process of negotiation and whether the agreement was genuinely made by the parties involved.

The Fair Work Commission determined that the Valvoline (Australia) Pty Ltd South Australia Warehousing Employees Enterprise Agreement 2021-2022 was fair and reasonable, met the statutory criteria for approval, and was genuinely agreed upon by the parties. The Commission was satisfied that the agreement provided for the employees' wages and conditions in a fair and reasonable manner, complied with the relevant legislation, and was the result of genuine negotiations. Consequently, the Commission approved the enterprise agreement.

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