Caltex Petroleum Services Pty Ltd T/A Caltex Energy QLD

[2018] FWCA 1197

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy QLD

(AG2017/4786)

Caltex Energy Queensland Driver’s Agreement 2017

Road transport industry
Commissioner Johns	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Caltex Energy Queensland Driver’s Agreement 2017.

On 11 October 2017 Caltex Petroleum Services Pty Ltd T/A Caltex Energy QLD (Applicant) made an application for approval of the Caltex Energy Queensland Driver’s Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. No objections to the undertakings have been raised.

Subject to the undertakings referred to above, the Commission is 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 is approved. In accordance with s 54 of the Act the Agreement will operate from 2 March 2018. The nominal expiry date of the Agreement is 8 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Caltex Petroleum Services Pty Ltd, trading as Caltex Energy Queensland, applied to the Fair Work Commission for approval of an enterprise agreement. The application involved the Caltex Energy Queensland Driver’s Agreement 2017, which was intended to regulate the employment terms of drivers within the company. The dispute arose as the applicant sought to finalise and implement the agreement, ensuring it met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. Specifically, the Commission examined if the agreement had been made in good faith and if it contained the necessary provisions to be considered a lawful and effective enterprise agreement. Additionally, the Commission assessed whether the agreement had been properly negotiated and if it adhered to the provisions of the Fair Work Act concerning the protection of employees' rights.

The Fair Work Commission found that the Caltex Energy Queensland Driver’s Agreement 2017 was procedurally and substantively compliant with the Fair Work Act. The Commission confirmed that the agreement was made in good faith and contained the necessary provisions to be considered a lawful and effective enterprise agreement. The Commission also determined that the agreement had been properly negotiated and met the requirements of the Fair Work Act, including those concerning the protection of employees' rights.

The Commission approved the Caltex Energy Queensland Driver’s Agreement 2017, enabling it to be registered and implemented as a binding enterprise agreement between the parties. This decision allowed the agreement to take effect and govern the employment terms of the drivers within the company, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established