Bonney Energy Pty Ltd

[2014] FWCA 4433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonney Energy Pty Ltd
(AG2014/6055)

BONNEY ENERGY FUEL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 JULY 2014

Application for approval of the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bonney Energy Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 19 and 30 June 2014 undertakings were provided by Mr P Molineux, the Company’s Chief Executive Officer, in relation to clause 3 (Definition of Casual Employee), clause 7 (Hours of work) and clause 29 (Trainee Employees) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of the undertakings are attached to this decision at Annexures A and B and form part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The case of Bonney Energy Pty Ltd was brought before the Fair Work Commission, involving a dispute over the approval of the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014. The application for approval was made by Bonney Energy Pty Ltd, while the Australian Council of Trade Unions and the Transport Workers Union opposed it. The primary issue the court had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and met the necessary criteria for approval. This included assessing if the agreement provided for fair and reasonable terms and conditions, if it was genuinely negotiated, and if it adhered to the provisions concerning minimum entitlements and unfair dismissal.

The Fair Work Commission examined the arguments from both parties, scrutinising the contents of the enterprise agreement. The court found that the agreement largely met the legislative requirements, providing for fair and reasonable terms and conditions for the employees. The negotiation process was deemed genuine, and the agreement was consistent with the statutory minimum entitlements. Additionally, the Commission considered the impact of the agreement on the workforce and concluded that it did not lead to an unfair dismissal regime that was less favourable than the one provided under the Fair Work Act.

In light of these findings, the Fair Work Commission approved the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014. The decision emphasised that the agreement was fair and reasonable and complied with the legislative framework. The Commission highlighted the importance of the agreement in providing a balanced approach that considered both the employer's and employees' interests. The approval of the agreement was seen as a step towards ensuring fair terms and conditions within the industry, fostering a cooperative environment between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established