DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ocwen Energy Pty Ltd T/A Lowes Petroleum Service
(AG2017/1862)

LOWES BULK FUEL TRANSPORT (QUEENSLAND) AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 5 JULY 2017

Application for approval of the Lowes Bulk Fuel Transport (Queensland) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lowes Bulk Fuel Transport (Queensland) Agreement 2017 (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 Applicant 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, 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application by Ocwen Energy Pty Ltd trading as Lowes Petroleum Service, seeking approval for the Lowes Bulk Fuel Transport (Queensland) Agreement 2017. This agreement aimed to regulate the terms and conditions of employment for certain employees in the fuel transportation sector in Queensland. The application was brought under the Fair Work Act 2009, which provides a framework for the registration of enterprise agreements that improve work conditions while maintaining economic efficiency. The court was tasked with determining whether the agreement met the legal criteria for registration, including whether it provided for a fair and effective means of dispute resolution.

The key legal issues before the court were whether the agreement provided for a fair and effective means of dispute resolution and whether it complied with the provisions of the Fair Work Act. Specifically, the court examined whether the agreement's dispute resolution process was accessible, timely, and cost-effective, and whether it allowed for the fair and efficient resolution of disputes between the employer and employees. Additionally, the court considered whether the agreement complied with the good faith bargaining requirements of the Act, including whether the parties had genuinely attempted to negotiate in good faith.

In delivering its decision, the court found that the Lowes Bulk Fuel Transport (Queensland) Agreement 2017 provided for a fair and effective means of dispute resolution. The court was satisfied that the agreement's dispute resolution process was accessible, timely, and cost-effective, and that it allowed for the fair and efficient resolution of disputes between the employer and employees. The court also found that the parties had genuinely attempted to negotiate in good faith, and that the agreement complied with the good faith bargaining requirements of the Act. Consequently, the court approved the agreement for registration under the Fair Work Act.

As a result of the court's decision, the Lowes Bulk Fuel Transport (Queensland) Agreement 2017 was approved for registration, and the parties were bound by its terms. The agreement provided for the regulation of employment conditions for certain employees in the fuel transportation sector in Queensland, including provisions for dispute resolution. The court's approval of the agreement ensured that the parties would be governed by the terms of the agreement, which aimed to improve work conditions while maintaining economic efficiency.

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