DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy NSW
(AG2017/770)

CALTEX SYDNEY DRIVER AGREEMENT 2016

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

Application for approval of the Caltex Sydney Driver Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Sydney Driver Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[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 was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 10 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Caltex Petroleum Services Pty Ltd, trading as Caltex Energy NSW, for the approval of the Caltex Sydney Driver Agreement 2016. The application was heard in the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The applicant sought to have the agreement approved as a greenfield agreement, which would provide a basis for avoiding industrial action by its drivers.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval as a greenfield agreement. This required the Commission to determine if the agreement contained the necessary provisions to ensure the fair and efficient resolution of workplace disputes. The applicant argued that the agreement was fair and would facilitate effective dispute resolution, while the objectors contended that it failed to adequately protect drivers’ rights and interests.

The Fair Work Commission found that the agreement contained the necessary provisions to ensure fair and efficient resolution of workplace disputes. The Commission was satisfied that the agreement provided for appropriate mechanisms for addressing disputes and grievances, and that it included provisions for the fair treatment of drivers. The Commission concluded that the agreement met the statutory criteria for approval as a greenfield agreement. Consequently, the application was approved, and the agreement was registered as the Caltex Sydney Driver Agreement 2016.

In light of the approval, the Fair Work Commission made orders to register the agreement as a greenfield agreement under section 173 of the Fair Work Act 2009. The agreement was to apply to the drivers employed by Caltex Petroleum Services Pty Ltd, trading as Caltex Energy NSW, and the relevant collective bargaining unit. The orders also included provisions for the ongoing operation of the agreement, including the establishment of a dispute resolution process and the appointment of authorised representatives.

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