DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lloyds North Pty Ltd
(AG2017/5504)

LLOYDS NORTH VICTORIAN FUEL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2017 (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. 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 14 December 2017. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lloyds North Pty Ltd recently came before the Fair Work Commission in relation to an application for the approval of the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2017. Lloyds North is an employer that operates in the petroleum industry, and the application concerned an enterprise agreement that was negotiated between the company and its employees, specifically the fuel delivery drivers in Victoria. The dispute arose as the applicant sought formal approval of the agreement from the Fair Work Commission, which is necessary to ensure its enforceability and compliance with the relevant industrial legislation.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive content of the agreement. The Commission had to consider if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees’ rights and entitlements under the National Employment Standards.

In delivering its decision, the Commission thoroughly examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was made in good faith and that the negotiation process was procedurally fair, involving genuine consultation between the parties. Furthermore, the Commission was satisfied that the agreement contained all the required minimum terms and conditions and did not unfavourably impact the employees’ rights. Based on these findings, the Commission approved the agreement, affirming that it met all the necessary legal standards for enforceability.

The Fair Work Commission’s decision to approve the Lloyds North Victorian Fuel Delivery Drivers Enterprise Agreement 2017 was grounded in the procedural fairness of the agreement’s negotiation process and its compliance with the statutory requirements. The Commission’s approval ensures that the agreement will be legally enforceable, providing clarity and certainty for both the employer and the employees. The Commission’s decision will likely serve as a precedent for similar agreements in the industry, reinforcing the importance of adhering to the statutory framework in industrial relations.

Lloyds North Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established