DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Australia Petroleum Pty Ltd T/A Cairns Airport Refuelling Service PTY LTD
(AG2015/6159)

CAIRNS AIRPORT REFUELLING SERVICE PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 1 DECEMBER 2015

Application for approval of the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Caltex Australia Petroleum Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 6 November 2015 an undertaking was provided by Mr Rohan Dangerfield, the Company’s National Operations Manager, Aviation, Supply Operations, in relation to clause 13 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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, will operate from 8 December 2015. The nominal expiry date is 3 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Caltex Australia Petroleum Pty Ltd trading as Cairns Airport Refuelling Service Pty Ltd, applied to the Fair Work Commission for the approval of the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2014. The respondent, the Transport Workers Union of Australia, did not oppose the application, but raised issues regarding the classification of employees and the rates of pay for certain employees. The dispute was heard in the Fair Work Commission.

The legal issues before the Commission were whether the classification of employees and the rates of pay for certain employees were fair and reasonable. The Commission had to determine whether the classification of employees was appropriate and whether the rates of pay for certain employees were consistent with the principles of contemporary enterprise bargaining. The Commission also had to consider whether the agreement complied with the requirements of the Fair Work Act 2009.

The Commission found that the classification of employees was appropriate and that the rates of pay for certain employees were consistent with the principles of contemporary enterprise bargaining. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009. The Commission approved the agreement, subject to the parties giving four weeks' written notice of any proposed changes to the agreement.

The Fair Work Commission approved the Cairns Airport Refuelling Service Pty Ltd Enterprise Agreement 2014, subject to the parties giving four weeks' written notice of any proposed changes to the agreement. The Commission found that the classification of employees was appropriate and that the rates of pay for certain employees were consistent with the principles of contemporary enterprise bargaining. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009. The approval of the agreement is an important step in ensuring that the employees of Cairns Airport Refuelling Service Pty Ltd have a fair and reasonable enterprise agreement that meets the needs of both the employees and the employer.

Caltex Australia Petroleum Pty Ltd T/A Cairns Airport Refuelling Service 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