Caltex Petroleum Services Pty Ltd

[2015] FWCA 7461

[2015] FWCA 7461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd
(AG2015/5856)

CALTEX ENERGY VICTORIA/SOUTH AUSTRALIA DRIVERS AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 OCTOBER 2015

Application for approval of the Caltex Energy Victoria/South Australia Drivers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Victoria/South Australia Drivers Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Caltex Petroleum Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement provides a consultation clause however it is not a consultation clause that complies with the requirements of section 205(1)(a)(ii) of the Act. Pursuant to section 205(2) of the Act the model consultation clause is taken to be a term of the agreement.

[3] On 26 October 2015 an undertaking was provided by Lindsey Blackburn-Mee, the Company’s HR advisor, in relation to clause 12 (superannuation) of the Agreement; and also unpaid community service leave, long service leave, public holidays and the right to request flexible work. 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.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date is 1 October 2018.

COMMISSIONER

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Annexure A