Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

[2021] FWCA 1878

[2021] FWCA 1878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
(AG2021/4134)

LOWES BULK FUEL TRANSPORT (QUEENSLAND) AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 APRIL 2021

Application for approval of the Lowes Bulk Fuel Transport (Queensland) Agreement 2021.

[1] Ocwen Energy Pty Ltd T/A Lowes Petroleum Service (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Lowes Bulk Fuel Transport (Queensland) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (the TWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating that it disagreed with statements made in the Form F17 Employer’s declaration that certain clauses of the Agreement were more beneficial than entitlements under the Road, Transport and Distribution Award 2020. Notwithstanding that the TWU supports the approval of the Agreement. The Applicant provided a response in relation to the matters raised by the TWU. Having regard to the matters raised by the TWU and the response of the Applicant, I am satisfied that the Agreement passes the better off overall test pursuant to s. 193 of the Act. I also note that the TWU corresponded with my Chambers stating it had reviewed the Applicant’s responses and raised no further comment in relation to the matters identified.

[3] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[4] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 15 April 2021. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

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