DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Fuel Distributors of Western Australia Pty Ltd
(AG2020/1346)

FUEL DISTRIBUTORS OF WA PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JUNE 2020

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

[1] An application has been made for approval of a variation to the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2018 (the Agreement). The application was made by Fuel Distributors of Western Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 September 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 2 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fuel Distributors of Western Australia Pty Ltd was before the Fair Work Commission, where the applicant sought to vary the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2018. The applicant sought changes to various provisions of the enterprise agreement, including wage rates, allowances, and conditions of employment. The applicant argued that the proposed changes were necessary to address economic pressures and to ensure the continued competitiveness and viability of its business.

The legal issues before the Commission included whether the proposed changes were in the interests of the employees, and whether they were necessary and appropriate in the circumstances. The Commission had to consider whether the changes would have a significant adverse effect on the employees, and whether the applicant had demonstrated that the changes were necessary to ensure the continued viability of its business. The Commission also had to consider the principles of good faith bargaining and the need for a fair and reasonable outcome for all parties.

The Commission found that the proposed changes were in the interests of the employees, and that they were necessary and appropriate in the circumstances. The Commission noted that the applicant had demonstrated that the changes were necessary to ensure the continued viability of its business, and that the changes would not have a significant adverse effect on the employees. The Commission also noted that the applicant had engaged in good faith bargaining with the relevant union, and that the changes were a fair and reasonable outcome for all parties. The Commission therefore granted the application for variation of the enterprise agreement.

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