Park Pty Ltd T/A Park Fuels

[2024] FWCA 2373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Park Pty Ltd T/A Park Fuels

(AG2024/1938)

PARK FUELS – AWU – ENTERPRISE AGREEMENT

Road transport industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 26 JUNE 2024

Application for approval of the Park Fuels – AWU – Enterprise Agreement

Introduction

Park Pty Ltd T/A Park Fuels (the Employer) has made an application for approval of an enterprise agreement known as the Park Fuels – AWU – Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Model Flexibility Term

The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the Model Flexibility Term can be found in Annexure B.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Australian Workers’ Union (AWU) 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 AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 3 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Park Pty Ltd trading as Park Fuels, brought an application before the Fair Work Commission seeking approval of an enterprise agreement with the Australian Workers' Union. The agreement was designed to govern the terms and conditions of employment for employees within the company's fuel distribution business across multiple states. The nature of the dispute centred around whether the proposed agreement met the necessary legislative criteria for approval under the Fair Work Act 2009. The Commission was required to assess whether the agreement was appropriately formed, covered a suitable bargaining group, and complied with the procedural and substantive requirements set out in the legislation.

The primary legal issue was whether the enterprise agreement was bona fide, as required by section 230 of the Fair Work Act. This involved examining whether the agreement was genuinely negotiated between the employer and the union, and whether it covered a relevant bargaining group. Additionally, the Commission had to determine if the agreement met the procedural requirements, such as the provision of a copy of the agreement to the Fair Work Ombudsman, and if it satisfied the substantive requirements, including the coverage of certain minimum terms and conditions. The applicants argued that the agreement was properly negotiated and met all legal requirements, while no party contested the coverage of the bargaining group.

The Commission concluded that the enterprise agreement was bona fide and had been properly negotiated. It found that the agreement satisfied the procedural requirements, as evidenced by the documentation provided, and met the substantive requirements set out in the Fair Work Act. The agreement covered the appropriate bargaining group and included all necessary minimum terms and conditions. Consequently, the Commission approved the enterprise agreement, confirming that it met all legislative criteria for approval. The decision was made in light of the evidence presented and the applicable legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established