Liberty Oil Corporation Pty Ltd

[2013] FWCA 583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Oil Corporation Pty Ltd
(AG2012/13213)

LIBERTY OIL CORPORATION PTY LTD DRIVERS COLLECTIVE AGREEMENT 2013-2016

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 24 JANUARY 2013

Application for approval of the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Liberty Oil Corporation Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved in Chambers on 24 January 2013 and, in accordance with s.54 of the Act, will operate from 31 January 2013. The nominal expiry date of the Agreement is 30 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Liberty Oil Corporation Pty Ltd applied for approval of their Drivers Collective Agreement 2013-2016, which was negotiated with the Transport Workers Union of Australia. The application was made to the Fair Work Commission under the Fair Work Act 2009. The Union opposed the application on the basis that the agreement failed to comply with various statutory provisions, and would be detrimental to the drivers employed under the agreement.

The main legal issues before the Commission were whether the agreement complied with the various statutory requirements for an enterprise agreement, and whether the agreement would have a detrimental effect on the drivers. The Commission examined the contents of the agreement, including the terms and conditions of employment, and the rights and obligations of the parties. The Commission also considered the submissions made by the parties and any relevant evidence.

The Commission found that the agreement was generally compliant with the statutory requirements for an enterprise agreement, and that it would not have a detrimental effect on the drivers. The Commission noted that the agreement provided for a number of improvements to the drivers' conditions of employment, including increased pay rates and improved leave entitlements. The Commission also found that the agreement provided for appropriate protections for the drivers, including protections against unfair dismissal and protections for employees who were required to work during public holidays.

The Commission approved the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2013-2016, subject to certain modifications to ensure compliance with the statutory requirements for an enterprise agreement. The modifications included the removal of certain provisions that were found to be inconsistent with the statutory requirements, and the inclusion of additional provisions to ensure that the agreement was fair and reasonable. The modifications did not materially affect the overall terms and conditions of employment provided for in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established