Bennett’s Petroleum Supplies Pty Ltd

[2018] FWCA 5792

[2018] FWCA 5792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bennett’s Petroleum Supplies Pty Ltd
(AG2018/2394)

BENNETT’S PETROLEUM SUPPLIES PTY LTD CUSTOMER SERVICE ATTENDANTS-ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Bennett’s Petroleum Supplies Pty Ltd Customer Service Attendants-Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bennett’s Petroleum Supplies Pty Ltd Customer Service Attendants-Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

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

[3] I observe that clause 27.10 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 27(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 14 September 2022.

COMMISSIONER

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