Ampol Aviation Pty Ltd

[2025] FWCA 2731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ampol Aviation Pty Ltd

(AG2025/2430)

AMPOL AVIATION (BRISBANE) ENTERPRISE AGREEMENT 2025

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 15 AUGUST 2025

Application for approval of the Ampol Aviation (Brisbane) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Ampol Aviation (Brisbane) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampol Aviation Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Transport Workers' Union of Australia 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 is approved and, in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 22 August 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Ampol Aviation Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Ampol Aviation (Brisbane) Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for employees at the Brisbane site of Ampol Aviation, a subsidiary of Ampol Limited, a significant fuel supplier in Australia. The application was brought forth by the employer, Ampol Aviation, seeking formal endorsement of the proposed enterprise agreement, which was intended to govern the working arrangements of its employees.

The primary legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included ensuring the agreement did not prejudice employees’ ability to be protected from adverse action under the Act, and that it met the criteria for being a "better off overall" agreement, which ensures that employees are not disadvantaged compared to their previous conditions of employment. The Commission also had to consider if the agreement was fairly negotiated and if it adhered to the principles of good faith bargaining.

The Commission found that the proposed agreement was in substantial compliance with the statutory requirements of the Act. It determined that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement would not result in employees being worse off overall, and it met the necessary criteria for approval. Consequently, the Commission approved the Ampol Aviation (Brisbane) Enterprise Agreement 2025, recognising it as a valid and enforceable agreement between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established