Fuel Distributors of WA Pty Ltd

[2024] FWCA 2630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fuel Distributors of WA Pty Ltd

(AG2024/2340)

FUEL DISTRIBUTORS OF WA PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JULY 2024

Application for approval of the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2024

Fuel Distributors of WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Transport Workers’ Union of Australia (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 31 July 2024 and, in accordance with s 54, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Fuel Distributors of WA Pty Ltd applied for approval of their Transport Operations Enterprise Agreement 2024. The application sought to establish the terms and conditions of employment for their employees, specifically those involved in the transport operations of fuel distribution. The dispute involved various aspects of employment, including wages, working conditions, and other employment-related matters.

The central legal issue the commission needed to address was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement contained the prescribed minimum terms and conditions, did not unfairly discriminate, and was made in good faith. Additionally, the commission had to consider whether the agreement complied with the relevant provisions of the Act, including the process for making the agreement.

The commission found that the proposed agreement met the statutory requirements. The agreement contained all the prescribed minimum terms and conditions, and it did not unfairly discriminate against any employee. The process for making the agreement was also found to be in compliance with the Act. The commission noted that the agreement was made in good faith and that all relevant parties had been adequately consulted during the negotiation process. Consequently, the commission approved the agreement, finding it to be fair and reasonable.

The final orders of the commission were that the Transport Operations Enterprise Agreement 2024, as proposed by Fuel Distributors of WA Pty Ltd, be approved and registered under the Fair Work Act 2009. The agreement would then apply to the employees of the company, setting out their terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established