Bennett’s Petroleum Supplies Pty Ltd

[2022] FWCA 1578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bennett’s Petroleum Supplies Pty Ltd

(AG2022/1327)

Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 MAY 2022

Application for approval of the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bennett’s Petroleum Supplies Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 19 May 2022. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bennett’s Petroleum Supplies Pty Ltd, an employer, applied for approval of the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2021, which sought to regulate the terms and conditions of employment for its drivers. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The Australian Council of Trade Unions, representing the drivers, did not oppose the application, but the Transport Workers Union raised concerns about certain provisions.

The central legal issue before the Commission was whether the enterprise agreement contained terms that were contrary to the public interest, contrary to the overarching principles of the Fair Work Act, or failed to meet the procedural requirements for approval. The Transport Workers Union argued that several provisions, particularly those related to the drivers' hours of work, rest breaks, and penalties for breaches, were not in the best interests of the drivers and were not adequately protected. The Commission had to consider these arguments and determine whether the provisions were acceptable under the Act.

The Commission found that the provisions in question were not contrary to the public interest and did not breach the overarching principles of the Fair Work Act. It was determined that the enterprise agreement provided sufficient protections for the drivers, including adequate rest breaks, limitations on hours of work, and reasonable penalties for breaches. The Commission also found that the agreement had been negotiated in good faith and met the procedural requirements for approval. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2021, finding that it complied with the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the drivers and did not contravene any public interest or overarching principles. The Commission’s decision was a significant outcome for the employer and the drivers, as it provided certainty and stability in the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established