DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centrel Pty Ltd T/A Reliance Petroleum
(AG2015/842)

CENTREL AND TWU (WA) CONSOLIDATED BULK FUEL TRANSPORT (WA) AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of the Centrel and TWU (WA) Consolidated Bulk Fuel Transport (WA) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Centrel and TWU (WA) Consolidated Bulk Fuel Transport (WA) 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 Centrel Pty Ltd T/A Reliance Petroleum. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 12 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Centrel Pty Ltd trading as Reliance Petroleum, the applicants sought approval of the Centrel and Transport Workers Union (WA) Consolidated Bulk Fuel Transport (WA) Agreement 2015. The application was heard by the Fair Work Commission, presided over by Commissioner W. The dispute centred around the terms of a proposed industrial agreement between Centrel and the Transport Workers Union (WA), specifically regarding the conditions of employment and the classification of employees under the agreement. The union argued that the proposed agreement did not adequately protect the employees' rights and conditions, while Centrel maintained that the agreement was fair and in line with industry standards.

The legal issues before the Commission were whether the proposed agreement provided for a safety net of minimum wages and conditions and whether it was consistent with the objects of the Fair Work Act 2009. The Commission needed to determine if the agreement met the criteria for approval under section 234 of the Act, including whether it provided for a safety net of minimum wages and conditions and whether it was consistent with the broader objectives of the Act. The Commission also had to consider whether the agreement was in the interests of the employees and the broader community.

Upon examining the evidence and submissions presented, the Commission concluded that the proposed agreement met the necessary criteria for approval. The agreement was found to provide a safety net of minimum wages and conditions, consistent with the objects of the Act. The Commission was satisfied that the agreement was in the interests of the employees and the broader community, and it approved the Centrel and TWU (WA) Consolidated Bulk Fuel Transport (WA) Agreement 2015. The approval was granted, and the agreement came into effect as of the date of the Commission's decision.

Centrel Pty Ltd T/A Reliance Petroleum

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established