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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Caltex Petroleum Services Pty Ltd t/a Caltex Energy Western Australia, the Fair Work Commission was asked to consider the approval of the Caltex Energy Western Australia Drivers Agreement 2015. The dispute arose between Caltex Petroleum Services Pty Ltd, the employer, and various drivers employed by the company, represented by the Transport Workers Union of Australia. The commission's task was to assess whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed drivers' agreement provided adequate protections and conditions for the employees while also ensuring a fair balance between the interests of the employer and the workforce. This required the commission to consider several aspects, including the agreement's compliance with minimum workplace entitlements, the process by which it was negotiated, and whether it addressed the specific needs and concerns of the drivers. The commission also needed to ensure the agreement did not unfairly disadvantage any party and was consistent with the broader principles of the Fair Work Act.

In delivering its decision, the commission carefully examined the contents of the proposed agreement, taking into account submissions from both parties. The commission found that the agreement was largely in line with the statutory requirements, providing reasonable protections and conditions for the drivers. It noted that the agreement had been negotiated in good faith and addressed key issues pertinent to the drivers, such as wages, hours of work, and leave entitlements. The commission also highlighted the importance of the agreement in maintaining operational efficiency and productivity while safeguarding the welfare of the employees. Based on these findings, the commission approved the agreement, recognising it as a fair and reasonable basis for future industrial relations between Caltex Petroleum Services Pty Ltd and its drivers.

The final orders of the commission included the formal approval of the Caltex Energy Western Australia Drivers Agreement 2015, effective from the date of the decision. The commission mandated that the agreement be implemented in accordance with the terms set out, ensuring that all parties abide by the conditions and protections outlined within the document. This decision provides clarity and certainty for both the employer and the employees, establishing a framework for ongoing industrial relations under the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established