Evans Petroleum Gippsland Pty Ltd

[2019] FWCA 6583

[2019] FWCA 6583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Evans Petroleum Gippsland Pty Ltd
(AG2019/2883)

EVANS PETROLEUM GIPPSLAND TRANSPORT AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Evans Petroleum Gippsland Transport Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Evans Petroleum Gippsland Transport Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Evans Petroleum Gippsland Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that the clause 9.3 of the Agreement, which provides that personal/carer’s leave and compassionate leave will be paid on 7.6 hours, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A