DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Australia Petroleum Pty Ltd
(AG2017/4950)

CALTEX LYTTON LUBRICANTS PLANT OPERATORS ENTERPRISE AGREEMENT 2017

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Caltex Lytton Lubricants Plant Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Lytton Lubricants Plant Operators Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Australia Petroleum 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 Australian Workers’ Union, and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are Caltex Australia Petroleum Pty Ltd and the relevant trade union, with the dispute centred on the application for approval of the Caltex Lytton Lubricants Plant Operators Enterprise Agreement 2017. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval.

The key legal issues the court had to address included whether the agreement contained all the prescribed terms, whether it was made in good faith, and whether it adhered to the provisions of the Fair Work Act 2009. Furthermore, the court had to consider if the agreement provided for a fair and reasonable safety net of terms and conditions, and if it met the requirements for the protection of employees' interests.

The court found that the agreement did indeed contain all the prescribed terms and was made in good faith. The agreement was also deemed to provide a fair and reasonable safety net of terms and conditions for the employees. Additionally, the court held that the agreement met the requirements of the Fair Work Act 2009. Consequently, the court approved the application for the agreement.

The Fair Work Commission granted approval for the Caltex Lytton Lubricants Plant Operators Enterprise Agreement 2017, affirming that it met the necessary legal criteria. This decision will have implications for the employees covered by the agreement, as well as for the employer and the trade union involved. The approval of the agreement ensures that the employees are provided with a fair and reasonable safety net of terms and conditions, while also complying with the provisions of the Fair Work Act 2009.

Caltex Australia Petroleum 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