OCWEN ENERGY PTY LTD

[2024] FWCA 2011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

OCWEN ENERGY PTY LTD

(AG2024/724)

OCWEN ENERGY (LOWES PETROLEUM SERVICE) BULK FUEL DRIVERS QUEENSLAND ENTERPRISE AGREEMENT 2024

Road Transport Industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 31 MAY 2024

Application for approval of the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers Queensland Enterprise Agreement 2024

Introduction

Ocwen Energy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers Queensland Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure C. 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.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Transport Workers’ Union of Australia (TWU) 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 TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ocwen Energy Pty Ltd applied to the Fair Work Commission for the approval of the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers Queensland Enterprise Agreement 2024. The applicant is an employer in the fuel industry and the agreement was entered into with its employees who are bulk fuel drivers in Queensland. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it contained all the necessary provisions to be approved.

The legal issues before the court involved examining whether the agreement was a bona fide enterprise agreement, whether it contained all the mandatory terms as required by the Fair Work Act, and whether it was free from any prohibited content. The applicant argued that the agreement was appropriately negotiated and contained all necessary terms, while no objections were raised by any party that could potentially disqualify it from approval. The court also needed to ensure that the agreement did not contain any terms that were contrary to the public interest or the protective provisions of the Act.

In delivering the decision, the Fair Work Commission found that the agreement was indeed a bona fide enterprise agreement that had been fairly negotiated between the parties. The Commission noted that all mandatory terms were included and that there were no prohibited contents. The Commission was satisfied that the agreement met all statutory requirements and would serve the interests of the employees and the employer effectively. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers Queensland Enterprise Agreement 2024, recognising it as a valid and legally binding agreement between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established