Caltex Petroleum Services Pty Ltd t/a Caltex Energy Western Australia

[2016] FWCA 4031

[2016] FWCA 4031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Petroleum Services Pty Ltd t/a Caltex Energy Western Australia
(AG2016/1225)

CALTEX ENERGY WESTERN AUSTRALIA DRIVERS AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 21 JUNE 2016

Application for approval of the Caltex Energy Western Australia Drivers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Energy Western Australia Drivers Agreement 2015 (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 Western Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 June 2016 and, in accordance with s.54, will operate from 28 June 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

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