DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bennett’s Petroleum Supplies Pty Ltd
(AG2019/5167)

BENNETT’S PETROLEUM SUPPLIES PTY LTD DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2019.

[1] Application has been made by Bennett’s Petroleum Supplies Pty Ltd for approval of a single enterprise agreement known as the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2019 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 1 October 2021.

[5] The Transport Workers’ Union of Australia is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bennett’s Petroleum Supplies Pty Ltd applied to the Fair Work Commission for approval of the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2019. The applicant is a company operating in the petroleum industry. The dispute arose because the applicant sought to have the enterprise agreement approved by the Commission. The Commission was the relevant court for this matter due to its jurisdiction over enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the provisions of the Fair Work Act. Specifically, the Commission had to determine if certain clauses in the agreement regarding pay rates, entitlements, and working conditions were consistent with the statutory requirements for enterprise agreements. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it provided for the proper operation of the business.

The Commission examined the provisions of the agreement and found that while most of the clauses were in line with the statutory requirements, some provisions regarding pay rates and entitlements did not fully comply with the Fair Work Act. The Commission noted that the agreement had been made in good faith and that it facilitated the proper operation of the business. However, the non-compliant provisions necessitated adjustments to ensure compliance with the Act. Consequently, the Commission approved the agreement with modifications to the identified clauses.

The final orders of the Commission were that the Bennett’s Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2019 be approved with the specified modifications to the pay rates and entitlements clauses, ensuring full compliance with the Fair Work Act. The applicant was directed to implement these changes within the specified timeframe.

Bennett’s Petroleum Supplies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established