Bonney Energy Victoria Pty Ltd T/A Bonney Energy
[2023] FWCA 368
•7 FEBRUARY 2023
| [2023] FWCA 368 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bonney Energy Victoria Pty Ltd T/A Bonney Energy
(AG2023/10)
BONNEY ENERGY VICTORIAN FUEL DELIVERY DRIVERS AGREEMENT 2022
| Road transport industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 7 FEBRUARY 2023 |
Application for approval of the Bonney Energy Victorian Fuel Delivery Drivers Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Bonney Energy Victorian Fuel Delivery Drivers Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Bonney Energy Victoria Pty Ltd T/A Bonney Energy. The Agreement is a single enterprise agreement.
The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union of Australia (TWU), 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.
The Agreement was approved on 7 February 2023 and, in accordance with s.54 of the Act, will operate from 14 February 2023. The nominal expiry date of the Agreement is 6 February 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519094 PR750278>
Annexure A
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