Caltex Petroleum Services Pty Ltd

[2013] FWCA 9081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Caltex Petroleum Services Pty Ltd
(AG2013/10066)

CALTEX SYDNEY DRIVER AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Caltex Sydney Driver Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Sydney Driver 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 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) I consider it fair to extend the time for making this application to 12 November 2013.

[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 27 November 2013. The nominal expiry date is 10 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, Caltex Petroleum Services Pty Ltd, sought approval of the Caltex Sydney Driver Agreement 2013, a proposed enterprise agreement under the Fair Work Act 2009. The agreement, negotiated between the applicant and a union, aimed to regulate the terms and conditions of employment for drivers in the Sydney area. The dispute arose when the applicant sought to have the agreement approved without a vote, as required by the Act.

The primary legal issue before the court was whether the agreement met the criteria for approval without a vote, specifically whether it passed the "no disadvantage test" as outlined in the Fair Work Act. This test requires that the proposed agreement does not disadvantage employees compared to their existing conditions. Additionally, the court had to determine if the agreement complied with other statutory requirements, including whether it was made in good faith and involved genuine bargaining.

The court found that the proposed agreement satisfied the no disadvantage test and was made in good faith. The applicant demonstrated that the agreement did not disadvantage employees and met the requirements for approval without a vote. The court also confirmed that the agreement was the result of genuine bargaining and was in compliance with the statutory provisions. Consequently, the court approved the agreement, allowing it to come into effect as intended.

The final orders of the court were that the Caltex Sydney Driver Agreement 2013 be approved as a registered agreement, effective from the date of the approval. The agreement was to be registered and published in accordance with the provisions of the Fair Work Act, ensuring that it was legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established