DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltas Pty Ltd
(AG2017/979)

CALTAS FUEL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 MAY 2017

Application for approval of the Caltas Fuel Delivery Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Caltas Fuel Delivery Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltas Pty Ltd. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Caltas Pty Ltd, the applicant sought approval for the Caltas Fuel Delivery Drivers Enterprise Agreement 2016. The dispute arose between the employer, Caltas Pty Ltd, and the union representing the fuel delivery drivers, the Transport Workers Union of Australia. The matter was brought before the Fair Work Commission. The central legal issues revolved around whether the agreement met the statutory requirements for approval, specifically if it was a genuine enterprise agreement and if it complied with the Fair Work Act 2009. The court had to determine if the agreement was made in good faith, and if it covered appropriate bargaining units and provided adequate terms and conditions for the employees.

The Fair Work Commission assessed whether the agreement was genuinely negotiated and made in good faith, considering the bargaining process and the context in which the agreement was formed. The Commission also evaluated if the agreement provided for fair and reasonable terms and conditions, and if it was in line with the statutory obligations outlined in the Fair Work Act 2009. Furthermore, the court examined the scope of the bargaining unit and if the agreement appropriately represented the interests of the employees involved. Ultimately, the Commission found that the agreement satisfied all the necessary criteria for approval.

The Fair Work Commission approved the Caltas Fuel Delivery Drivers Enterprise Agreement 2016, recognising it as a genuine enterprise agreement that met the statutory requirements. The Commission concluded that the agreement was negotiated in good faith and covered an appropriate bargaining unit. The terms and conditions of the agreement were deemed fair and reasonable, aligning with the objectives of the Fair Work Act 2009. Consequently, the Commission granted the application for approval, allowing the agreement to take effect.

Caltas Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established