Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
[2024] FWCA 3621
•17 OCTOBER 2024
| [2024] FWCA 3621 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
(AG2024/3564)
LOWES BULK FUEL TRANSPORT (TASMANIA) AGREEMENT 2024
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 17 OCTOBER 2024 |
Application for approval of the Lowes Bulk Fuel Transport (Tasmania) Agreement 2024
Ocwen Energy Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Lowes Bulk Fuel Transport (Tasmania) Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Section 190 Undertakings
The Employer 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.
Sections 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 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
Section 183
The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW 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. Clause 5.1 of the Agreement states that the Agreement will commence operation from the first full pay period commencing 7 days after the date of approval by the Commission. The Employer advised that it operates a fortnightly pay period and the next pay period to commence 7 days after the date of this decision commences on Monday 28 October 2024.
Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 27 October 2024. The nominal expiry date of the Agreement is 31 August 2027
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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