Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA Summary

[2013] FWCA 2541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA
(AG2013/5750)

CALTEX ENERGY NEW SOUTH WALES (CANBERRA/GOULBURN) DRIVER’S AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 24 APRIL 2013

Application for approval of the Caltex Energy New South Wales (Canberra/Goulburn) Driver’s Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy New South Wales (Canberra/Goulburn) Driver’s Agreement 2012 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Petroleum Services Pty Ltd trading as Caltex Energy New South Wales. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2013. The nominal expiry date of the Agreement is 6 September 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the Caltex Energy New South Wales (Canberra/Goulburn) Driver’s Agreement 2012, between the applicant, Caltex Petroleum Services Pty Ltd trading as Caltex Energy WA, and the respondent, the Australian Council of Trade Unions. The dispute arose in the Fair Work Commission, where the applicant sought approval of the agreement under the Fair Work Act 2009. The applicant, an employer in the petroleum industry, aimed to implement a new enterprise agreement for its drivers in the Canberra and Goulburn areas, while the respondent, representing the drivers, challenged certain provisions of the proposed agreement.

The central legal issue was whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The specific provisions in question related to rostered days off, shift patterns, and the use of labour hire drivers. The Commission had to determine if these provisions were fair and reasonable in all aspects, and if they met the criteria for approval as a simple, single or multi-enterprise agreement. The respondent argued that some provisions were not sufficiently fair and reasonable, particularly those concerning rostered days off and the use of labour hire drivers.

The Fair Work Commission, after reviewing the arguments and evidence from both parties, concluded that the proposed agreement was fair and reasonable in all aspects. The Commission found that the provisions regarding rostered days off and the use of labour hire drivers were acceptable, as they provided for adequate consultation and did not undermine the rights of the drivers. The Commission emphasised the importance of flexibility in rostering and the use of labour hire drivers in the context of the petroleum industry. The Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act 2009. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment for the drivers.

Caltex Petroleum Services Pty Ltd T/A Caltex Energy WA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established