Centrel Pty Ltd T/A Reliance Petroleum

Case

[2013] FWCA 1377

5 MARCH 2013

No judgment structure available for this case.

[2013] FWCA 1377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Centrel Pty Ltd T/A Reliance Petroleum
(AG2013/409)

BP AUSTRALIA (REGIONAL OPERATIONS) CONSOLIDATED BULK FUEL TRANSPORT (SOUTH AUSTRALIA) AGREEMENT 2012

Road transport industry

DEPUTY PRESIDENT BARTEL

ADELAIDE, 5 MARCH 2013

[1] An application for approval of an enterprise agreement known as the BP Australia (Regional Operations) Consolidated Bulk Fuel Transport (South Australia) Agreement 2012 (the Agreement) has been made by Centrel Pty Ltd T/A Reliance Petroleum (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement as filed contains an error in relation to the operative dates for the increases payable to casual employees under the Agreement. The error reflects a drafting issue and it is clear that the intention of the parties is to provide the same operative dates as those applying to the increases for permanent employees. The employer and the employee representatives support an amendment of the Agreement to incorporate the correct dates.

[4] Accordingly, and pursuant to s.586 of the Act, the dates of 1 July 2012 appearing in items 3.2 and 3.3 of Attachment A to the Agreement are deleted and the dates of 1 July 2013 and 1 July 2014, respectively, are inserted in lieu thereof.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 March 2013. The nominal expiry date of the Agreement is 4 March 2016.

DEPUTY PRESIDENT

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