Valvoline (Australia) Pty Ltd

[2021] FWCA 6498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valvoline (Australia) Pty Ltd
(AG2021/7964)

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

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 1 NOVEMBER 2021

Application for approval of the Valvoline (Australia) Pty Ltd Victoria 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 Victoria 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 sought approval of the Valvoline (Australia) Pty Ltd Victoria Warehousing Employees Enterprise Agreement-2021-22 from the Fair Work Commission. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009, on the basis that it was a simple, fair and efficient agreement. The application was opposed by the Transport Workers Union. The union opposed the agreement on the basis that it contained a clause that would allow the employer to change the hours of work of employees, without their consent, by as much as 25 percent. The union also opposed the agreement on the basis that it would allow the employer to assign employees to work in locations that were different to their usual location, without their consent.

The commission considered whether the agreement was simple, fair and efficient. The commission noted that the agreement contained a clause which allowed the employer to change the hours of work of employees, without their consent, by as much as 25 percent. The commission also noted that the agreement contained a clause which allowed the employer to assign employees to work in locations that were different to their usual location, without their consent. The commission considered the overall fairness of the agreement, including the provisions that the union had objected to. The commission considered that the agreement contained provisions which were reasonable and appropriate in the circumstances. The commission was satisfied that the agreement was simple, fair and efficient.

The commission approved the agreement, noting that it contained provisions which were reasonable and appropriate in the circumstances. The commission was satisfied that the agreement was simple, fair and efficient. The commission approved the agreement as a simple, fair and efficient agreement. The commission made the agreement a registered agreement, effective from 1 January 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established