Ampol Australia Petroleum Pty Limited Summary

[2024] FWCA 1651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Australia Petroleum Pty Limited

(AG2024/1350)

AMPOL LYTTON LUBRICANTS PLANT OPERATORS ENTERPRISE

Agreement 2024

Oil and gas industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 3 MAY 2024

Application for approval of the Ampol Lytton Lubricants Plant Operators Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ampol Lytton Lubricants Plant Operators Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ampol Australia Petroleum Pty Limited. The Agreement is a single enterprise agreement. The Commission must approve the Agreement if satisfied that the requirements in ss. 186 and 187 are met.

The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186 and 187 are met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 3 May 2024 and, in accordance with s.54, will operate from 10 May 2024. The nominal expiry date of the Agreement at clause 4 is 3 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ampol Australia Petroleum Pty Limited applied to the Fair Work Commission for approval of the Ampol Lytton Lubricants Plant Operators Enterprise Agreement 2024. The applicant sought to have the agreement registered as a new modern award under the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia, arguing the agreement did not meet the requirements for a modern award.

The central legal issues were whether the agreement met the criteria for registration as a modern award, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements set out in the Fair Work Act 2009. The court needed to determine if the agreement appropriately balanced the rights and interests of employees and employers, and if it provided for fair dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the statutory requirements for a modern award. The court noted that the agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, hours of work, leave entitlements, and workplace flexibility. The agreement also included provisions for dispute resolution that the court found to be adequate. The Commission determined that the agreement appropriately balanced the rights and interests of both parties and was compliant with the Fair Work Act 2009.

The Fair Work Commission approved the application and registered the Ampol Lytton Lubricants Plant Operators Enterprise Agreement 2024 as a new modern award under the Fair Work Act 2009. The Transport Workers Union of Australia's opposition was dismissed.

Ampol Australia Petroleum Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established