DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central (NT) Refuellers Pty Ltd
(AG2019/476)

CENTRAL (NT) REFUELLERS PTY LTD ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 MAY 2019

Application for approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2019.

[1] Central (NT) Refuellers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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 Agreement was approved on 29 May 2019 and, in accordance with s 54, will operate from 5 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Central (NT) Refuellers Pty Ltd was the subject of an application for the approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission, the body responsible for overseeing workplace relations in Australia. The applicant, Central (NT) Refuellers Pty Ltd, sought the Commission's approval of the Enterprise Agreement, which outlined the terms and conditions of employment for its workforce. The applicant argued that the agreement was fair and reasonable and met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the Enterprise Agreement was procedurally and substantively valid. Procedurally, the Commission needed to determine whether the agreement had been negotiated in good faith and whether the necessary consultation had taken place. Substantively, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including remuneration, working hours, and other employment conditions. The Commission also had to consider whether the agreement complied with the applicable minimum standards set out in the Fair Work Act and the relevant awards.

The Commission found that the Enterprise Agreement was procedurally valid, as it had been negotiated in good faith and the necessary consultation had taken place. The Commission also found that the agreement was substantively valid, as it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for above-award wages and conditions for some employees, and that these terms were fair and reasonable in the context of the industry and the company's financial situation. The Commission also found that the agreement complied with the applicable minimum standards and did not undermine the protection afforded by the relevant awards.

The Commission approved the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2019, subject to certain minor amendments to ensure compliance with the Fair Work Act. The applicant was required to make the necessary changes to the agreement and provide a copy of the amended agreement to the Commission within 28 days of the decision. The approval of the Enterprise Agreement was a significant outcome for both the applicant and its workforce, as it provided for fair and reasonable terms and conditions of employment and recognised the contributions of the company's employees.

Central (NT) Refuellers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established