DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors
(AG2015/3175)

ADELAIDE FUEL DISTRIBUTORS 2015 DRIVER ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2015

Application for approval of the Adelaide Fuel Distributors 2015 Driver Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fuel Distributors 2015 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. The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement. The Agreement contains a consultation term at clause 5. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term 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 Agreement is approved and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date is 22 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredericks Petroleum Pty Ltd, trading as Adelaide Fuel Distributors, sought approval of the 2015 Driver Enterprise Agreement. The applicant argued that the agreement was appropriate for its drivers and was in the best interests of the business. The case was heard in the Fair Work Commission, the relevant body for such disputes under Australian labour law.

The legal issues before the court included whether the agreement was fairly negotiated and whether it provided for reasonable terms and conditions for the drivers. Additionally, the court had to determine if the agreement was in the best interests of the drivers and if it complied with relevant industrial legislation. The court needed to balance the interests of the employer and the employees, ensuring that the agreement met the statutory requirements for approval.

The Fair Work Commission found that the 2015 Driver Enterprise Agreement was appropriately negotiated and contained reasonable terms and conditions for the drivers. The agreement was also in the best interests of the drivers, considering the specific circumstances of the business. The commission determined that the agreement met all necessary criteria for approval under the relevant industrial laws. The court ordered the approval of the agreement, recognising its fairness and compliance with statutory requirements.

The final orders of the Fair Work Commission included the approval of the 2015 Driver Enterprise Agreement between Fredericks Petroleum Pty Ltd and its drivers. The commission's decision ensured that the agreement would be implemented, providing a stable and fair working environment for the drivers while meeting the business needs of the employer.

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