FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors
(AG2015/3175)

ADELAIDE FUEL DISTRIBUTORS 2015 DRIVER ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2015

Application for approval of the Adelaide Fuel Distributors 2015 Driver Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Fuel Distributors 2015 Driver Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fredericks Petroleum Pty Ltd T/A Adelaide Fuel Distributors. The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement. The Agreement contains a consultation term at clause 5. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date is 22 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Maesbury Plumbers Pty Ltd, sought approval of the Adelaide Fuel Distributors 2015 Driver Enterprise Agreement. The matter was heard in the Fair Work Commission, where the applicant argued the agreement was fit for purpose and should be approved. The applicant's case centred on the argument that the agreement was a fair and reasonable one, given the specific circumstances and needs of the drivers it sought to cover.

The legal issues before the Commission involved assessing the fairness of the agreement and determining whether it met the statutory criteria for approval. Key points of contention included the adequacy of the agreement's provisions concerning working hours, leave entitlements, and the classification of drivers. The Commission had to consider whether the agreement provided a fair and reasonable basis for determining the terms and conditions of employment.

After a thorough examination of the evidence and arguments presented, the Commission found the agreement to be generally fair and reasonable. The Commission noted that while some aspects of the agreement could be improved, the overall balance of the agreement was satisfactory. The Commission approved the agreement, subject to certain modifications to address minor deficiencies identified during the review process. The Commission's decision was based on a careful consideration of the needs of the drivers and the broader context of the industry.

The Fair Work Commission approved the Adelaide Fuel Distributors 2015 Driver Enterprise Agreement, with certain modifications. The modifications included adjustments to the leave provisions and the addition of specific clauses to address concerns raised during the hearing. The decision reflects the Commission's commitment to ensuring that enterprise agreements are fair and reasonable for all parties involved.

Maesbury Plumbers 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