DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John L Pierce Pty Ltd
(AG2018/3819)

JOHN L PIERCE SOUTHERN REGION PETROLEUM DIVISION ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the John L Pierce Southern Region Petroleum Division Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the John L Pierce Southern Region Petroleum Division 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 John L Pierce 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 5 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, John L Pierce Pty Ltd, sought approval for the John L Pierce Southern Region Petroleum Division Enterprise Agreement 2018 from the Fair Work Commission. The agreement was intended to regulate the employment terms of workers within the company's Southern Region Petroleum Division. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the provisions concerning pay rates, conditions, and dispute resolution mechanisms.

The legal issues before the court involved assessing whether the proposed agreement met the statutory criteria for being a lawful and fair enterprise agreement. This included scrutinising the agreement's provisions to ensure they did not unfairly disadvantage employees, were not contrary to public policy, and were consistent with the protections and entitlements under the Fair Work Act. Additionally, the court needed to determine if the agreement had been genuinely negotiated between the employer and the employees' representatives and whether it provided for an appropriate dispute resolution process.

In delivering the decision, the court found that the agreement substantially complied with the requirements of the Fair Work Act. The provisions concerning pay rates and conditions were considered fair and reasonable, and the dispute resolution mechanisms were deemed appropriate and effective. The court concluded that the agreement had been genuinely negotiated and did not contain any terms that were contrary to public policy or unfair to employees. Consequently, the court approved the John L Pierce Southern Region Petroleum Division Enterprise Agreement 2018, allowing it to come into effect as per the stipulated commencement date.

John L Pierce 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