Kel Campbell Pty Ltd T/A Campbell Petroleum Distributors
[2023] FWCA 870
•22 MARCH 2023
| [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
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