DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

John L Pierce Pty Ltd T/A John L Pierce Pty Ltd
(AG2016/7556)

JOHN L PIERCE PETROLEUM DIVISION ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2017

Application for approval of the John L Pierce Petroleum Division Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the John L Pierce Petroleum Division Enterprise Agreement 2016 (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 T/A John L Pierce Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 was approved on 15 March 2017 and, in accordance with s.54, will operate from 22 March 2017. The nominal expiry date of the Agreement is 15 March 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by John L Pierce Pty Ltd for the approval of the John L Pierce Petroleum Division Enterprise Agreement 2016. The application was brought under section 232 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain criteria, including that it provides for the terms and conditions of employment of employees covered by the agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements of the Act.

The central legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Act, and whether it provided for the terms and conditions of employment of the relevant employees. The Commission noted that the agreement had been the subject of a series of negotiations between the employer and the union, and that a majority of eligible employees had voted in favour of the agreement in a ballot. However, the union argued that the agreement did not adequately address certain issues, including the classification of employees and the calculation of overtime.

In considering these issues, the Commission noted that the agreement had been negotiated in good faith and that the procedural requirements of the Act had been followed. The Commission also noted that the agreement provided for the terms and conditions of employment of the relevant employees, including their classification and the calculation of overtime. The Commission concluded that the agreement met the requirements of the Act, and therefore approved it. The union's application to contest the agreement was dismissed.

The Fair Work Commission approved the John L Pierce Petroleum Division Enterprise Agreement 2016, and dismissed the union's application to contest the agreement. The Commission found that the agreement had been negotiated in good faith, and that it met the requirements of the Fair Work Act 2009. The agreement provides for the terms and conditions of employment of the relevant employees, including their classification and the calculation of overtime. The union's concerns about certain aspects of the agreement were not sufficient to prevent its approval.

John L Pierce Pty Ltd T/A 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