DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuel Distributors of Western Australia Pty Ltd
(AG2018/2511)

FUEL DISTRIBUTORS OF WA PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2018

Application for approval of the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2018.

[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 2018 (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 Western Australia 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 September 2018 and, in accordance with s.54, will operate from 11 September 2018. The nominal expiry date of the Agreement is 4 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fuel Distributors of Western Australia Pty Ltd, an employer, sought approval of the Transport Operations Enterprise Agreement 2018 from the Fair Work Commission. The application involved a dispute between the employer and the Transport Workers Union of Australia, representing the employees. The primary legal issues the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions concerning minimum entitlements, the "better off overall test," and the fairness of the terms. The court also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards and the National Workplace Relations Act.

In examining these issues, the court considered the submissions from both parties and the relevant legislative provisions. The employer argued that the agreement provided fair and reasonable terms for the employees, while the union contended that the agreement did not meet the statutory requirements and was not fair and reasonable. The court found that the agreement met the statutory requirements under the Fair Work Act 2009, including the better off overall test, and was fair and reasonable. The court held that the agreement provided for minimum entitlements that were not less favourable than the applicable award or the National Employment Standards, and that the agreement was not contrary to the public interest.

The court approved the Transport Operations Enterprise Agreement 2018, and the application was accordingly dismissed. The court made an order that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The decision provides clarity on the requirements for approving enterprise agreements and the considerations that must be taken into account when assessing their fairness and reasonableness.

Fuel Distributors of Western Australia 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