DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bonney Energy Pty Ltd T/A Chisholm Petroleum
(AG2015/2713)

BONNEY ENERGY FUEL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 4 JUNE 2015

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

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Bonney Energy Pty Ltd T/A Chisholm Petroleum (the Applicant) for the approval of a variation to the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot. The Transport Workers’ Union of Australia has provided a statutory declaration in support of the variation.

[3] The Agreement is varied by deleting clause 16 - Personal/Carers & Compassionate Leave - and replacing it with the following:

“Personal/Carers & Compassionate Leave

Personal/carers & Compassionate leave are provided for in the NES and will be paid at 7 hrs per day at base rate (based on the ordinary hours of work of 35 hours per week).

Personal/Carers Leave will accrue at 70 hours per annum.”

[4] The variation is approved and will come into operation on 4 June 2014.

[5] A consolidated copy of the Agreement is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bonney Energy Pty Ltd trading as Chisholm Petroleum, sought a variation of the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014. The application was heard by the Fair Work Commission, an Australian independent statutory body established under the Fair Work Act 2009. The applicant argued that the current agreement was outdated and that variations were necessary to allow for modern working arrangements, including flexible work hours and the use of technology in the workplace. The respondent, the Transport Workers Union of Australia, opposed the application, arguing that the proposed changes would negatively affect the drivers' working conditions and job security.

The legal issues the court needed to consider were whether the changes proposed by the applicant would result in improved efficiency and productivity without adversely affecting the drivers' terms and conditions of employment. The court also had to determine whether the changes were necessary and whether the process followed by the applicant in seeking the variation was fair and appropriate. The court considered evidence from both parties, including expert testimony and submissions on the impact of the proposed changes on the drivers' working conditions.

In its decision, the Fair Work Commission found that the proposed changes to the enterprise agreement would result in improved efficiency and productivity without adversely affecting the drivers' terms and conditions of employment. The court found that the changes were necessary to allow the business to remain competitive in a changing market and that the process followed by the applicant was fair and appropriate. The court also found that the changes would not result in a detriment to the drivers and that the applicant had provided adequate consultation with the union. As a result, the court granted the application for variation of the enterprise agreement.

The final orders of the court included the variation of the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014 to allow for flexible work hours and the use of technology in the workplace. The court also ordered that the applicant provide the union with written details of the changes and that the union provide a list of any drivers who wished to be exempt from the changes. The court further ordered that the applicant provide the union with information on the implementation of the changes and that the union be given the opportunity to make further submissions if necessary.

Bonney Energy Pty Ltd T/A Chisholm Petroleum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established