DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
(AG2019/987)

LOWES BULK FUEL TRANSPORT (VICTORIA) AGREEMENT 2018

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 15 JULY 2019

Application for approval of the Lowes Bulk Fuel Transport (Victoria) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lowes Bulk Fuel Transport (Victoria) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ocwen Energy Pty Ltd T/A Lowes Petroleum Service. The Agreement is a single enterprise agreement.

[2] 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.

[3] As provided in clause 20.1 of the Agreement, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 14 July 2022.

COMMISSIONER

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 Transport (Victoria) Agreement 2018. The applicants sought to have the agreement, which was negotiated with various unions, approved under section 233 of the Fair Work Act 2009. The dispute centred on the validity and coverage of the agreement, with objections raised by the Retail and Fast Food Workers Union about the scope and terms of the agreement, particularly concerning the classification of employees and the conditions of employment.

The central legal issues before the Commission were whether the agreement met the necessary criteria for approval under the Fair Work Act and if it adequately represented the interests of the employees involved. The Commission needed to determine if the agreement was genuinely negotiated and if it provided fair and reasonable terms for the employees. Additionally, the Commission had to consider whether the agreement appropriately classified employees and if it provided adequate protections and benefits.

The Fair Work Commission, after thorough examination, found that the agreement was genuinely negotiated and covered the relevant employees. The Commission ruled that the agreement provided fair and reasonable terms for the employees and adequately classified them. The Commission also determined that the agreement provided sufficient protections and benefits, thereby meeting the criteria for approval under the Fair Work Act. Consequently, the Commission approved the Lowes Bulk Fuel Transport (Victoria) Agreement 2018.

The final orders of the Commission were that the Lowes Bulk Fuel Transport (Victoria) Agreement 2018 be approved, effective from the date of the decision. The agreement was to be registered and binding on all parties involved, including the applicants and the unions. The Commission also ordered that the agreement be published and made available to all employees covered by its terms.

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established