Bennett’s Petroleum Supplies Pty Ltd T/A Bennett’s Petroleum Supplies

[2014] FWCA 8622

[2014] FWCA 8622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bennett’s Petroleum Supplies Pty Ltd T/A Bennett’s Petroleum Supplies
(AG2014/9585)

BENNETT’S PETROLEUM SUPPLIES PTY LTD & DRIVERS ENTERPRISE AGREEMENT 2014-2016

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Bennett’s Petroleum Supplies Pty Ltd & Drivers Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bennett’s Petroleum Supplies Pty Ltd & Drivers Enterprise Agreement 2014-2016 (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 T/A Bennett’s Petroleum Supplies. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 December 2016.

DEPUTY PRESIDENT

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