DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA
(AG2018/5480)

CALTEX ENERGY WESTERN AUSTRALIA DRIVERS AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Caltex Energy Western Australia Drivers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Western Australia 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 WA. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Transport Workers’ Union was a bargaining representative for the proposed enterprise agreement concerned, and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 15 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Caltex Petroleum Services Pty Ltd trading as Caltex Energy Western Australia was heard. The applicant sought approval of the Caltex Energy Western Australia Drivers Agreement 2018. The dispute centred around whether the proposed agreement was suitable for the purposes of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided adequate protections for the drivers employed by Caltex, given the nature of their work involving significant periods of rest between shifts. The legal issues that arose included whether the agreement complied with the requirements for an individual agreement under the Act, and whether it adequately addressed the unique working conditions of the drivers.

The court examined the provisions of the proposed agreement, particularly focusing on the rest periods between shifts and the associated entitlements. The applicant argued that the agreement was fair and appropriate, considering the operational needs of the business and the drivers' work patterns. The court considered the need to balance the interests of the employer and the employees, ensuring that the agreement met the standards set by the Fair Work Act. The court found that the agreement did provide for adequate rest periods and entitlements, and was thus suitable for approval.

Following the analysis, the court approved the application, determining that the proposed agreement was fair and appropriate in the circumstances. The court was satisfied that the agreement met the requirements of the Fair Work Act and provided adequate protections for the drivers. The final orders of the court were that the Caltex Energy Western Australia Drivers Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect and be binding on the parties from the date of the court's order.

Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established