Penrite Oil Co Pty Ltd Dandenong Summary

[2022] FWCA 91

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Penrite Oil Co Pty Ltd Dandenong
(AG2021/9104)

PENRITE OIL CO PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 JANUARY 2022

Application for approval of the Penrite Oil Co. Pty. Ltd. Enterprise Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the Penrite Oil Co. Pty. Ltd. Enterprise Agreement 2022. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Penrite Oil Co Pty Ltd Dandenong. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 January 2022 and, in accordance with s.54, will operate from 20 January 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Penrite Oil Co Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Penrite Oil Co. Pty. Ltd. Enterprise Agreement 2022. The application arose due to disputes over the terms and conditions of employment for workers within the company. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. This involved examining the processes by which the agreement was negotiated, the provisions within the agreement, and whether any mandatory provisions under the Fair Work Act were adequately addressed.

The Commission considered the evidence and submissions from both parties and found that the agreement contained provisions that were fair and reasonable. The negotiation process was deemed to be conducted in good faith, and the agreement met the necessary standards under the Act. The Commission also determined that all mandatory provisions were adequately addressed, and the agreement complied with the procedural requirements for approval. Therefore, the Commission approved the Penrite Oil Co. Pty. Ltd. Enterprise Agreement 2022.

The Commission ordered the registration of the agreement, effective from the date of the decision, and directed that the agreement be published in the Fair Work Commission's Register of Approved Agreements. The decision concluded that the agreement was fit for approval under the Fair Work Act 2009.

Penrite Oil Co Pty Ltd Dandenong

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established