DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Oil Corporation Pty Ltd T/A Liberty Oil
(AG2018/737)

LIBERTY OIL CORPORATION PTY LTD DRIVERS COLLECTIVE AGREEMENT 2018-2021

Road transport industry
COMMISSIONER LEE	MELBOURNE, 9 JULY 2018

Application for approval of the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2018-2021 (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 T/A Liberty Oil. 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2018. The nominal expiry date of the Agreement is 8 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Liberty Oil Corporation Pty Ltd, trading as Liberty Oil, which sought approval of a collective agreement for its drivers between 2018 and 2021. The Fair Work Commission was the court which heard the matter. The primary dispute centred on whether the collective agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable for the employees involved.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated, the extent to which it provided fair and reasonable terms for the employees, and whether it complied with the procedural requirements of the Act. The Commission needed to assess if the agreement was made in good faith and if it was free from any improper influence or coercion.

The Fair Work Commission determined that the collective agreement was genuinely negotiated and met the statutory criteria. The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the bargaining process. The Commission also concluded that all procedural requirements had been followed correctly. Therefore, the Commission approved the collective agreement.

The Commission's decision was based on a thorough analysis of the evidence and submissions provided by the parties. The final order was that the Liberty Oil Corporation Pty Ltd Drivers Collective Agreement 2018-2021 be approved, with the effective date of approval being the date of the Commission's decision. This ruling ensures that the agreement remains in force for the specified period, providing a framework for the employment terms of the drivers.

Liberty Oil Corporation Pty Ltd T/A Liberty Oil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established