DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy NSW
(AG2018/6423)

CALTEX ENERGY SYDNEY DRIVERS AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2019

Application for approval of the Caltex Energy Sydney Drivers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Sydney Drivers Agreement 2018 (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.

[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 of the Act, will operate from 2 April 2019. The nominal expiry date of the Agreement is 25 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Caltex Petroleum Services Pty Ltd trading as Caltex Energy NSW and the Fair Work Commission. The dispute arose from an application by Caltex for approval of the Caltex Energy Sydney Drivers Agreement 2018. The case was heard in the Federal Court of Australia.

The central legal issues before the court were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding minimum entitlements and procedural fairness in the bargaining process. The court had to examine whether the agreement met the statutory requirements for approval and if the bargaining process was fair and compliant with the provisions of the Act.

The court, in its reasoning, noted that the proposed agreement contained terms that were consistent with the Fair Work Act and the Fair Work Regulations. It was found that the agreement provided for minimum entitlements that were not less favourable than the applicable modern awards and included provisions for procedural fairness in the bargaining process. The court also considered the submissions made by the parties and the evidence presented regarding the bargaining process. Ultimately, the court was satisfied that the agreement met the statutory requirements and was approved.

The final orders of the court were that the Caltex Energy Sydney Drivers Agreement 2018 be approved in accordance with section 233 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the terms would be binding on the parties from the date of registration.

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