Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA
[2019] FWCA 985
•15 FEBRUARY 2019
| [2019] FWCA 985 |
| FAIR WORK COMMISSION |
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
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Annexure A
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