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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ocwen Energy Pty Ltd, trading as Lowes Petroleum Service, applied to the Federal Circuit and Family Court of Australia for the approval of the Lowes Bulk Fuel Transport (New South Wales) Agreement 2018. The application was made under section 13 of the Industrial Relations Act 1988, which provides for the registration of agreements that set out terms and conditions of employment. The agreement in question was intended to regulate the employment conditions of employees involved in the bulk fuel transport industry in New South Wales.

The legal issues before the court involved assessing whether the agreement met the requirements of the Act, including whether it was genuinely an agreement, whether it was made in good faith, and whether it provided for the resolution of disputes. The court also needed to consider whether the agreement would have a detrimental effect on employees and whether it provided for adequate protections and entitlements.

In examining the agreement, the court found that it was genuinely an agreement, made in good faith, and provided for the resolution of disputes through a specified process. The court considered the provisions of the agreement in relation to wages, hours of work, leave, and other employment conditions and determined that the agreement provided for adequate protections and entitlements. The court also assessed the potential impact of the agreement on employees and found that it would not have a detrimental effect. Based on these findings, the court approved the Lowes Bulk Fuel Transport (New South Wales) Agreement 2018.

The final orders of the court included the approval of the agreement, which is now a registered instrument under the Industrial Relations Act 1988. The agreement will apply to employees in the bulk fuel transport industry in New South Wales and will regulate their terms and conditions of employment. The approval of the agreement is an important step in providing certainty and stability to the industry and to the employees who work in it.

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