Caltex Petroleum Services Pty Ltd

[2013] FWCA 9254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd
(AG2013/9981)

CALTEX ENERGY QUEENSLAND (MACKAY) LINEHAUL DRIVER’S AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 NOVEMBER 2013

Application for approval of the Caltex Energy Queensland (Mackay) Linehaul Driver’s Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Queensland (Mackay) Linehaul Driver’s Agreement 2013 (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 Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 22 November 2013 undertakings were provided by the Company’s Employee Relations Advisor, Ms R Coates. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2013. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by Caltex Petroleum Services Pty Ltd for approval of a new enterprise agreement. The agreement related to the terms and conditions of employment for linehaul drivers in Mackay, Queensland. The application was made in the Fair Work Commission.

The primary legal issue was whether the proposed agreement was in the best interests of the employees, as required by the Fair Work Act 2009. The court had to consider whether the agreement met the "better off overall test" and if it was free from any unfair provisions. The court also examined whether the agreement provided for genuine bargaining and if the employees had been properly consulted.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The commission concluded that the agreement was in the best interests of the employees and was free from unfair provisions. The commission also determined that the agreement had been genuinely bargained for and that the employees had been adequately consulted. The commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Caltex Energy Queensland (Mackay) Linehaul Driver’s Agreement 2013, finding it to be in the best interests of the employees. The commission found that the agreement met the better off overall test and was free from unfair provisions. The commission also determined that the agreement was the product of genuine bargaining and that the employees had been properly consulted. The approval of the agreement allows it to be registered and enforceable under 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