Application for approval of the Valvoline Australia (QLD) Enterprise Agreement 2024

[1] Valvoline (Australia) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Valvoline Australia (QLD) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement's workplace delegates' rights term is less favourable than the delegates' rights term in the Oil Refining and Manufacturing Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the Agreement's delegates' rights term has no effect, and the delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive an objection to the Employer's undertakings from the employee bargaining representative.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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] Some material accompanying the application referred to Valvoline Australia Pty Ltd instead of Valvoline (Australia) Pty Ltd. I have exercised my discretion to permit amendment of the documents to Valvoline (Australia) Pty Ltd.

[7]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2025. The nominal expiry date of the Agreement is 30 September 2027.

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