Ampol Petroleum Distributors Pty Ltd

[2024] FWCA 2284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ampol Petroleum Distributors Pty Ltd

(AG2024/2058)

AMPOL PETROLEUM DISTRIBUTORS SYDNEY DRIVERS' AGREEMENT 2024

Road transport industry
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2024

Application for approval of the Ampol Petroleum Distributors Sydney Drivers' Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ampol Petroleum Distributors Sydney Drivers’ Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ampol Petroleum Distributors 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2024. The nominal expiry date of the Agreement is 20 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Ampol Petroleum Distributors Pty Ltd, the Fair Work Commission was tasked with approving the Ampol Petroleum Distributors Sydney Drivers' Agreement 2024. The applicant, Ampol Petroleum Distributors, sought approval of the agreement which pertains to the employment conditions of its Sydney-based drivers. The application arose from negotiations between Ampol and the union representing the drivers, the Australian Licensed Petroleum Product Distributors’ Employees Association (ALPPDEA).

The legal issues before the Commission involved determining whether the agreement was fair and reasonable, in accordance with the Fair Work Act 2009. This required an assessment of the agreement’s terms and conditions, including wage rates, working hours, leave entitlements, and other employment provisions. The Commission also had to consider whether the agreement provided for procedural fairness in its creation and whether it complied with the criteria for being a single-enterprise agreement.

The Commission found that the agreement met the necessary standards for approval. The terms were deemed to be fair and reasonable, reflecting the bargaining power of both parties and taking into account the specific needs and circumstances of the drivers in Sydney. The Commission noted that the agreement provided adequate procedural fairness, as it was the result of good faith negotiations between the parties. Additionally, the agreement satisfied all the requirements for a single-enterprise agreement under the Act.

The Fair Work Commission approved the Ampol Petroleum Distributors Sydney Drivers' Agreement 2024, with the decision effective from the date of the approval. This decision ensures that the agreement will govern the employment conditions of the Sydney-based drivers, providing a clear and fair framework for their working arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established