Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

[2022] FWCA 1619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

(AG2022/1229)

OCWEN ENERGY (LOWES PETROLEUM SERVICES) BULK FUEL DRIVERS NEW SOUTH WALES ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 16 MAY 2022

Application for approval of the OCWEN ENERGY (Lowes Petroleum Services) Bulk Fuel Drivers NEW SOUTH WALES Enterprise Agreement 2022

Ocwen Energy Pty Ltd (the Employer) made an application for approval of an enterprise agreement known as the Ocwen Energy (Lowes Petroleum Services) Bulk Fuel Drivers New South Wales Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the 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 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the 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 as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Transport Workers Union (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) of the Act, 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 20 May 2022. The nominal expiry date of the Agreement is 1 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ocwen Energy Pty Ltd, trading as Lowes Petroleum Services, applied to the Fair Work Commission for approval of a proposed enterprise agreement for its bulk fuel drivers in New South Wales. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval. The applicant, Ocwen Energy, argued that the agreement was fairly negotiated and met all requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated, if it contained all the mandated terms and conditions, and if it complied with the Fair Work Act's procedural requirements. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any employee and provided a safety net for minimum wages and conditions. Ocwen Energy presented evidence that the agreement had been negotiated in good faith, and all relevant provisions were included. The Commission examined the negotiation process, the contents of the agreement, and compliance with statutory requirements.

After reviewing the evidence and submissions, the Commission found that the proposed agreement was genuinely negotiated, included all mandated terms and conditions, and complied with the Fair Work Act's procedural requirements. The Commission determined that the agreement did not unfairly disadvantage any employee and provided a safety net for minimum wages and conditions. As such, the Commission approved the application for the agreement to be registered. The Commission's decision was based on the evidence presented and its assessment of the fairness and compliance of the proposed agreement.

The Fair Work Commission approved the application for the registration of the Ocwen Energy (Lowes Petroleum Services) Bulk Fuel Drivers New South Wales Enterprise Agreement 2022, effective from the date of registration. The approval ensures that the agreement will legally bind the parties and provide a framework for the employment conditions of the bulk fuel drivers in New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established