Ocwen Energy Pty Ltd T/A Lowes Petroleum Service

[2019] FWCA 73

[2019] FWCA 73

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
(AG2018/4745)

LOWES BULK FUEL TRANSPORT (NEW SOUTH WALES) AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JANUARY 2019

Application for approval of the Lowes Bulk Fuel Transport (New South Wales) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lowes Bulk Fuel Transport (New South Wales) 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] The Employer has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 January 2019 and, in accordance with s.54, will operate from 15 January 2018. The nominal expiry date of the Agreement is 31 October 2020.

DEPUTY PRESIDENT

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Annexure A