Bonney Energy Victoria Pty Ltd T/A Bonney Energy

[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

Annexure A

CaseChat Overview and Summary

Bonney Energy Victoria Pty Ltd, trading as Bonney Energy, applied to the Fair Work Commission for approval of the Bonney Energy Victorian Fuel Delivery Drivers Agreement 2022. The application was contested by the United Voice, a union representing fuel delivery drivers. The dispute centred on whether the proposed agreement provided fair and reasonable terms and conditions for the drivers.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically whether it met the "better off overall test" and whether it provided for appropriate protections, including minimum rates of pay, entitlements, and dispute resolution mechanisms. The Commission also had to consider the views and submissions of the union and the company, as well as broader policy considerations regarding the conditions of employment for fuel delivery drivers in Victoria.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting the better off overall test. The Commission considered that the agreement provided for adequate minimum rates of pay and entitlements, as well as effective dispute resolution mechanisms. The union's concerns about the impact of the agreement on drivers' working conditions were addressed through specific provisions in the agreement. The Commission also noted the need for flexibility in the fuel delivery industry and the importance of providing fair and reasonable terms for all parties. The Commission approved the Bonney Energy Victorian Fuel Delivery Drivers Agreement 2022, finding that it met the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established