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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bennett’s Petroleum Supplies Pty Ltd, trading as Bennett’s Petroleum Supplies, filed an application for approval of the Bennett’s Petroleum Supplies Pty Ltd & Drivers Enterprise Agreement 2014-2016 with the Fair Work Commission. The dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission, presided over by Commissioner K.A. Gilmour, was tasked with determining whether the agreement met the necessary criteria for approval, including fairness, compliance with the Act, and whether it adhered to the principles of the Fair Work system.

The legal issues before the Commission involved assessing whether the agreement contained provisions that were genuinely agreed upon by both parties, whether it complied with the statutory requirements, and if the agreement was in the interests of fairness and equity. Additionally, the Commission needed to ensure that the agreement was free from any discriminatory provisions and that it provided for a safety net of minimum wages and conditions. The applicant argued that the agreement was the result of genuine bargaining, while the respondent raised concerns about specific clauses that could potentially affect employees' rights and entitlements.

In delivering the decision, the Commissioner found that the agreement was the product of genuine bargaining and that it met the statutory requirements under the Fair Work Act. The Commissioner noted that the agreement provided for a safety net of minimum wages and conditions, and was in the interests of fairness and equity. The Commissioner concluded that the agreement was compliant with the Act and did not contain any discriminatory provisions. As such, the Commissioner approved the agreement, finding it to be fair and reasonable, and in the interests of the employees and employer.

The final orders of the Commission were that the Bennett’s Petroleum Supplies Pty Ltd & Drivers Enterprise Agreement 2014-2016 be approved and registered with the Fair Work Commission. This decision provided certainty for both the employer and the employees, ensuring that the agreement would govern their relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established