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

Annexure A

CaseChat Overview and Summary

In the matter of 247 Fuels Pty Ltd, trading as 247 Fuels, the Fair Work Commission was called upon to determine the approval of an enterprise agreement between the employer and its employees, as stipulated in the Fair Work Act 2009. The employees were represented by the Transport Workers Union of Australia. The dispute centred on whether the proposed enterprise agreement, covering the period from 2020 to 2024, complied with the legal requirements and if it was made in good faith.

The primary legal issues the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act and if it was genuinely negotiated. The focus was on the procedural fairness in the negotiation process, the compliance of the agreement with the safety net provisions, and whether the agreement fairly reflected the balance of power between the parties. The Commission also considered the effect of the agreement on the employees' rights and the overall fairness and reasonableness of the terms proposed.

The Commission found that the agreement was made in good faith and that the negotiation process was procedurally fair. The terms of the agreement were deemed to comply with the safety net provisions, ensuring that the employees would not be worse off than what the law provided. The Commission acknowledged the balance of power between the employer and the employees and concluded that the agreement was fair and reasonable, taking into account the economic circumstances and the bargaining positions of the parties. Accordingly, the Commission approved the enterprise agreement.

The final orders of the Commission were that the 247 Fuels Pty Ltd Enterprise Agreement 2020-2024 be approved, with the agreement to be registered in accordance with the Fair Work Act. This decision allows the agreement to come into effect, governing the employment conditions of the employees during the specified period.

247 Fuels Pty Ltd T/A 247 Fuels

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established