Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers

[2024] FWCA 619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers

(AG2024/211)

CENTRAL (NT) REFUELLERS PTY LTD ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 FEBRUARY 2024

Application for approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 12 February 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Central (NT) Refuellers Pty Ltd T/A Central (NT) Refuellers applied to the Fair Work Commission for approval of their Enterprise Agreement 2023. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with assessing the agreement's fairness and compliance with the relevant legislative framework.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms required by section 235 of the Act, and if it met the minimum standards prescribed by the Fair Work Regulations. The applicant argued that the agreement was fair and met all the necessary requirements. The Commission considered whether the agreement provided for fair terms and conditions of employment, including minimum rates of pay, hours of work, and leave entitlements, and whether it complied with the procedural fairness requirements set out in the Act.

In reaching its decision, the Commission examined the contents of the agreement and the submissions made by the parties. The Commission determined that the agreement contained all the mandatory terms required by the Act and met the minimum standards prescribed by the Regulations. The Commission was satisfied that the agreement provided for fair terms and conditions of employment and complied with the procedural fairness requirements. The Commission approved the Enterprise Agreement 2023, finding it to be a lawful and appropriate agreement for the employees of Central (NT) Refuellers.

The Fair Work Commission approved the Central (NT) Refuellers Enterprise Agreement 2023, effective from the date of the decision. The agreement was found to meet all the necessary legislative requirements and to provide for fair terms and conditions of employment for the employees of Central (NT) Refuellers. The decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and Regulations, and highlights the role of the Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established