DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors
(AG2018/5465)

ADELAIDE FUEL DISTRIBUTORS 2018 DRIVER ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 29 MARCH 2019

Application for approval of the Adelaide Fuel Distributors 2018 Driver Enterprise Agreement.

[1] Application has been made for approval of a single enterprise agreement known as the Adelaide Fuel Distributors 2018 Driver Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2019. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were Fredericks Petroleum Pty Ltd, trading as Adelaide Fuel Distributors, and the Fair Work Commission. The nature of the dispute was an application for the approval of the Adelaide Fuel Distributors 2018 Driver Enterprise Agreement. The court involved was the Fair Work Commission, presided over by Commissioner D.J. Richards. The central legal issues the court had to decide were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the drivers employed by Fredericks Petroleum.

The court examined whether the agreement was certified as a single interest enterprise agreement and whether it covered all drivers employed by Fredericks Petroleum. Additionally, the court had to assess if the agreement was genuinely negotiated and whether it complied with the procedural requirements set forth in the Fair Work Act. The court also considered if the terms and conditions of the agreement were fair and reasonable, taking into account the economic and employment circumstances of the drivers. The court found that the application met the necessary statutory requirements and provided fair and reasonable terms for the drivers.

Following a detailed analysis, the court concluded that the Adelaide Fuel Distributors 2018 Driver Enterprise Agreement was appropriately certified, genuinely negotiated, and complied with the procedural requirements. The agreement was found to be fair and reasonable, taking into account the specific economic and employment circumstances of the drivers. Consequently, the Fair Work Commission approved the agreement, enabling it to come into effect. This decision ensured that the drivers employed by Fredericks Petroleum had a fair and reasonable enterprise agreement that met the statutory requirements under the Fair Work Act 2009.

Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established