DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy NSW
(AG2017/3321)

CALTEX ENERGY NEW SOUTH WALES DRIVER’S AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Caltex Energy New South Wales Driver’s Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy New South Wales Driver’s Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Petroleum Services Pty Ltd T/A Caltex Energy NSW. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 25 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Caltex Petroleum Services Pty Ltd, trading as Caltex Energy New South Wales, applied to the Fair Work Commission for approval of the Caltex Energy New South Wales Driver’s Agreement 2017. The applicants sought approval of the agreement as a single-employer, multi-enterprise agreement under section 231 of the Fair Work Act 2009. The dispute arose because one of the unions involved, the National Transport Workers Union, opposed the application, claiming the agreement did not meet the requirements for single-employer, multi-enterprise agreement approval. The Fair Work Commission was tasked with determining whether the application met the statutory criteria for approval of a multi-employer agreement.

The primary issue before the Commission was whether the proposed agreement was suitable for approval as a single-employer, multi-enterprise agreement. The Commission considered whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission examined whether the agreement was made by a single employer, and if it covered multiple enterprises. The Commission also assessed whether the agreement provided for a minimum set of rights and entitlements and whether the process for making the agreement was appropriate.

The Commission found that the application met the statutory requirements for approval of a multi-employer agreement. The Commission determined that the agreement was made by a single employer and covered multiple enterprises. The Commission was satisfied that the agreement provided for a minimum set of rights and entitlements and that the process for making the agreement was appropriate. The Commission concluded that the application met the criteria for approval under section 231 of the Fair Work Act. The application for approval of the agreement was approved.

The Fair Work Commission approved the application for the agreement to be made under section 231 of the Fair Work Act. The Commission ordered that the agreement be registered as a single-employer, multi-enterprise agreement. The Commission also ordered that the agreement would have effect from 1 July 2017. The decision was made on 12 October 2017.

Caltex Petroleum Services Pty Ltd T/A Caltex Energy NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established