247 Fuels Pty Ltd T/A 247 Fuels

[2020] FWCA 3599

[2020] FWCA 3599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

247 Fuels Pty Ltd T/A 247 Fuels
(AG2020/1621)

247 FUELS PTY LTD ENTERPRISE AGREEMENT 2020-2024

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2020

Application for approval of the 247 Fuels Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the 247 Fuels Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 247 Fuels Pty Ltd T/A 247 Fuels. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

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

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 16 July 2020. The nominal expiry date of the Agreement is 8 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508465  PR720857>

Annexure A