DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuel Distributors of WA Pty Ltd
(AG2021/5539)

FUEL DISTRIBUTORS OF WA PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 1 JULY 2021

Application for approval of the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fuel Distributors of WA Pty Ltd. 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. The undertakings are taken to be a term of 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] The Transport Workers' Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Fuel Distributors of WA Pty Ltd, applied for the approval of the Transport Operations Enterprise Agreement 2021. The respondent, represented by the Retail and Fast Food Workers Union of Victoria, objected to the application on various grounds, including the inadequacy of provisions for parental leave and redundancy payments. The case required the Commission to determine whether the agreement met the legal standards set forth in the Fair Work Act 2009.

The central legal issues focused on whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for adequate minimum entitlements, including those related to parental leave and redundancy payments, as well as whether the agreement was negotiated in good faith. The respondent argued that the agreement did not sufficiently address these entitlements, while the applicant maintained that the agreement met all necessary legal standards.

The Commission examined the provisions of the agreement in light of the legislative requirements. It found that the agreement did not provide for the minimum entitlements for parental leave as stipulated by the Act, which mandated a specific duration and conditions for parental leave. Furthermore, the redundancy payment provisions were also deemed inadequate. The Commission concluded that the agreement did not meet the statutory standards and therefore could not be approved. The decision was based on the clear legislative requirements that the agreement needed to satisfy, and the fact that the provisions in question fell short of these standards.

The Fair Work Commission rejected the application for approval of the agreement, citing the inadequacies in the provisions for parental leave and redundancy payments. The respondent's objections were upheld, and the agreement was not approved. The Commission's decision was grounded in the statutory obligations under the Fair Work Act, which the agreement failed to meet.

Fuel Distributors of WA 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