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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bennett’s Petroleum Supplies Pty Ltd applied for approval of their 2017 Customer Service Attendants-Enterprise Agreement. The matter was heard in the Fair Work Commission. The applicant argued that the agreement was fair and reasonable, meeting the criteria set forth in the Fair Work Act 2009. The opposition was led by the Australian Services Union, which contested the fairness of certain terms within the agreement.

The key legal issues the Commission had to resolve involved whether the agreement complied with the relevant legislative requirements and if it was genuinely negotiated between the parties. The Commission assessed the fairness of the terms regarding wages, working conditions, and other employment aspects. The fairness test included whether the agreement provided for a safety net of minimum wages and conditions, and whether it allowed for genuine flexibility within the enterprise.

The Commission found that the agreement did not adequately address the safety net provisions as required by the Fair Work Act. It was noted that certain terms did not meet the legislative standards for minimum wages and conditions. Consequently, the Commission did not approve the agreement. The decision emphasised the need for better compliance with statutory minimum standards in future agreements.

The Fair Work Commission decided not to approve the Bennett’s Petroleum Supplies Pty Ltd Customer Service Attendants-Enterprise Agreement 2017. The decision highlighted the importance of ensuring that all agreements meet the statutory requirements for minimum wages and conditions.

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