Ocwen Energy Pty Ltd Summary

[2025] FWCA 2499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ocwen Energy Pty Ltd

(AG2025/2257)

OCWEN ENERGY (LOWES PETROLEUM SERVICE) BULK FUEL DRIVERS NEW SOUTH WALES ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 29 JULY 2025

Application for approval of the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers New South Wales Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers New South Wales Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Ocwen Energy Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

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CaseChat Overview and Summary

Ocwen Energy Pty Ltd applied to the Fair Work Commission for the approval of the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers New South Wales Enterprise Agreement 2025. The applicant, Ocwen Energy, is an employer within the scope of the Fair Work Act 2009, and the respondents, Lowes Petroleum Service, and Bulk Fuel Drivers Union, are the employees and their union representative respectively. The dispute centres on the terms and conditions of employment for bulk fuel drivers under the proposed enterprise agreement.

The legal issues before the Fair Work Commission involved determining whether the agreement met the requirements of section 231 of the Fair Work Act, including whether it provided for the pay and conditions of employees, addressed the rights and obligations of employers and employees, and was made in good faith. Additionally, the Commission had to consider whether the agreement provided for procedural fairness, including whether the union had genuinely bargained on behalf of its members.

In assessing the application, the Fair Work Commission evaluated the bargaining process, the terms of the agreement, and the provisions regarding pay and conditions. The Commission found that the agreement was made in good faith, with genuine bargaining occurring between the parties. The terms of the agreement were considered to be fair and reasonable, providing for the pay and conditions of employees and addressing the rights and obligations of employers and employees. The Commission was also satisfied that the agreement provided for procedural fairness, with the union having genuinely bargained on behalf of its members.

The Fair Work Commission approved the Ocwen Energy (Lowes Petroleum Service) Bulk Fuel Drivers New South Wales Enterprise Agreement 2025, determining that it met all the requirements of the Fair Work Act. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was made in good faith, with genuine bargaining between the parties, and that it provided for the pay and conditions of employees, as well as addressing the rights and obligations of employers and employees. The Commission's approval of the agreement ensures that the terms and conditions of employment for bulk fuel drivers under the agreement are legally enforceable.

Ocwen Energy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established