Lloyds North Pty Ltd

[2021] FWCA 5951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lloyds North Pty Ltd

(AG2021/7333)

Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lloyds North Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 21 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lloyds North Pty Ltd, an entity involved in fuel distribution, applied to the Fair Work Commission for the approval of the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2021. The application was opposed by the Transport Workers Union of Australia, representing a number of employees. The Commission was required to determine whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. This involved assessing the agreement's provisions against various criteria, including whether it facilitated the efficient operation of the business, promoted workplace fairness, and adhered to procedural requirements.

The central legal issues revolved around whether the agreement complied with the statutory framework governing enterprise agreements. Key concerns included the extent to which the agreement allowed for variations in pay and conditions, the fairness of its terms, and whether proper consultation and negotiation processes had been followed. Additionally, the Commission had to consider the impact of the agreement on employee protections and the broader industrial relations landscape.

The Fair Work Commission found that the agreement largely complied with the requirements of the Fair Work Act. The provisions regarding pay and conditions were deemed reasonable and necessary for the efficient operation of the business. The Commission also concluded that the negotiation process had been appropriate and that the agreement did not unjustifiably disadvantage employees. Consequently, the Commission approved the agreement, noting that it struck an appropriate balance between the interests of the employer and the employees.

The final orders included the approval of the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2021, subject to the terms and conditions outlined in the decision. The agreement would now govern the employment conditions for the relevant employees, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established