Ocwen Energy Pty Ltd T/A Lowes Petroleum Service Summary

[2022] FWCA 1808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

(AG2022/1461)

Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 1 JUNE 2022

Application for approval of the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022.

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service (the Employer) has made an application for the approval of the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2022. The nominal expiry date of the Agreement is 8 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ocwen Energy Pty Ltd, trading as Lowes Petroleum Service, applied to the Fair Work Commission for approval of the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022. The application sought to establish the terms and conditions of employment for bulk fuel drivers in Victoria. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for certification and approval. The applicants argued that the agreement was fair and appropriate, while no objections were formally raised by any party.

The court had to determine if the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This involved assessing whether the agreement was made in good faith, covered the necessary minimum terms, and did not discriminate against employees. The court also considered whether the agreement provided for a proper process for its negotiation and if it was supported by a majority of the relevant employees.

In reaching its decision, the court examined the evidence presented by the applicants regarding the negotiation process and the support from the majority of the employees. The court found that the agreement was negotiated in good faith and covered all the required minimum terms. The court also determined that the agreement did not contain any discriminatory provisions and was supported by a majority of the relevant employees. Consequently, the court approved the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022.

The final orders of the court were that the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2022 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and would govern the employment terms and conditions for bulk fuel drivers in Victoria under the approved enterprise agreement.

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established