Kel Campbell Pty Ltd T/A Campbell Petroleum Distributors

[2023] FWCA 870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Kel Campbell Pty Ltd T/A Campbell Petroleum Distributors

(AG2023/497)

APPLICATION FOR APPROVAL OF THE CAMPBELL PETROLEUM DISTRIBUTORS DEPOT DRIVERS' AGREEMENT 2022

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2023

Application for approval of the Campbell Petroleum Distributors Depot Drivers' Agreement 2022

An application has been made for approval of an enterprise agreement known as the the Campbell Petroleum Distributors Depot Drivers' Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kel Campbell Pty Ltd T/A Campbell Petroleum Distributors (the Applicant). The Agreement is a single enterprise agreement.

Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER SIMPSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Kel Campbell Pty Ltd, trading as Campbell Petroleum Distributors, which applied for approval of a proposed agreement with its depot drivers. The Fair Work Commission (FWC) was the court in this matter. The dispute centred around whether the proposed agreement, the Campbell Petroleum Distributors Depot Drivers' Agreement 2022, complied with the requirements of the Fair Work Act 2009 and whether it provided appropriate protections and benefits to the drivers.

The primary legal issues the FWC had to address were whether the proposed agreement met the standards for an enterprise agreement, including whether it provided a safety net of minimum terms and conditions, and whether it was free from prohibited content. Additionally, the FWC had to consider whether the agreement adequately represented the interests of the drivers and if it complied with the good faith bargaining requirements.

The FWC determined that the proposed agreement met the legislative standards. The Commission found that the agreement provided a safety net of minimum terms and conditions and was free from prohibited content. The FWC also concluded that the agreement was the product of good faith bargaining and appropriately represented the interests of the drivers. As a result, the FWC approved the Campbell Petroleum Distributors Depot Drivers' Agreement 2022.

The FWC's decision concluded that the proposed agreement was fit for purpose and should be approved. The FWC's approval of the agreement means it will now be registered with the Fair Work Commission, thereby becoming a legally binding enterprise agreement between Kel Campbell Pty Ltd and its depot drivers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established