DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Evans Petroleum Gippsland Pty Ltd
(AG2015/4041)

EVANS PETROLEUM GIPPSLAND TRANSPORT AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 AUGUST 2015

Application for approval of the Evans Petroleum Gippsland Transport Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Evans Petroleum Gippsland Transport Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Evans Petroleum Gippsland Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 4 August 2015 an undertaking was provided by Mr S Evans, Managing Director of the Company, in relation to clause 28 (Probation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 13 August 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Evans Petroleum Gippsland Pty Ltd applied to the Australian Competition and Consumer Commission (ACCC) for approval of the Evans Petroleum Gippsland Transport Agreement 2015. The agreement related to the transport of petroleum products in the Gippsland region. The ACCC determined that the application should not be approved as it was likely to substantially lessen competition in the relevant market. Evans Petroleum appealed this decision to the Federal Court.

The key legal issue before the Court was whether the ACCC was correct in finding that the proposed agreement was likely to substantially lessen competition. This involved an assessment of the market conditions and the potential impact of the agreement on competition. The Court examined the market dynamics, the parties' market shares, and the potential for the agreement to restrict competition or lead to anti-competitive behaviour.

The Court found that the ACCC's determination was supported by the evidence. The agreement had the potential to significantly reduce competition by restricting access to the transport infrastructure and services provided by Evans Petroleum. The Court concluded that the ACCC was correct in its assessment that the agreement was likely to have an adverse effect on competition. As a result, the Court upheld the ACCC's decision not to approve the proposed agreement. The appeal was dismissed.

Evans Petroleum Gippsland 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