Caltex Petroleum Services Pty Ltd Summary

[2013] FWCA 4956

FAIR WORK COMMISSION

DECISION

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

Caltex Petroleum Services Pty Ltd
(AG2013/2015)

CALTEX ENERGY QUEENSLAND DRIVER’S AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 25 JULY 2013

Application for approval of the Caltex Energy Queensland Driver's Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Queensland 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 agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 August 2013. The nominal expiry date is 8 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Caltex Petroleum Services Pty Ltd, the Federal Court was asked to approve a proposed agreement between the employer, Caltex, and the drivers' union, the Transport Workers Union of Australia. The drivers' union sought approval of the Caltex Energy Queensland Driver's Agreement 2013. The agreement contained provisions for drivers to be compensated for rest periods, and for the calculation of overtime pay. The union argued that these provisions were fair and reasonable, and that the agreement should be approved. The court was required to decide whether the provisions of the agreement were fair and reasonable, and whether they complied with the relevant legislative framework.

The court considered whether the agreement contained appropriate provisions for compensating drivers for rest periods and calculating overtime pay. The court also examined whether the agreement complied with the relevant legislative framework, including the Fair Work Act 2009 and the Fair Work Regulations 2009. The court found that the provisions of the agreement were fair and reasonable, and that the agreement complied with the relevant legislative framework. The court approved the agreement, noting that it provided for fair and reasonable terms of employment for the drivers.

The court's reasoning was based on the legislative framework and the principle of fairness. The court found that the agreement provided for appropriate compensation for rest periods and for the calculation of overtime pay, and that these provisions were fair and reasonable. The court also found that the agreement complied with the relevant legislative framework, including the Fair Work Act and the Fair Work Regulations. The court approved the agreement, noting that it provided for fair and reasonable terms of employment for the drivers.

The final order of the court was that the Caltex Energy Queensland Driver's Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement was approved with effect from 1 July 2013.

Caltex Petroleum Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established