Petrelis Properties Pty Ltd T/A BP Subiaco Summary

[2013] FWCA 9101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Petrelis Properties Pty Ltd T/A BP Subiaco
(AG2013/9827)

BP SUBIACO COLLECTIVE ENTERPRISE AGREEMENT 2013

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the BP Subiaco Collective Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BP Subiaco Collective Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petrelis Properties Pty Ltd T/A BP Subiaco. 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] My satisfaction as to s.186(2)(d) is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 November 2013. The nominal expiry date of the Agreement is 26 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were Petrelis Properties Pty Ltd, trading as BP Subiaco, and the relevant union. The dispute centred around the application for approval of the BP Subiaco Collective Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, Australia's national workplace relations tribunal.

The primary legal issues before the court were whether the application for approval of the collective agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement met the standards of genuine agreement and fair terms and conditions of employment. The court needed to determine if the application process adhered to the statutory provisions and if the agreement itself was fair and equitable for all parties involved.

The Fair Work Commission found that the application for approval was in compliance with the statutory requirements. The Commission examined the process by which the agreement was negotiated and whether it was genuinely agreed upon by both parties. It was determined that the agreement met the necessary criteria of genuineness and fairness. The Commission took into account the terms and conditions outlined in the agreement and assessed whether they were fair and reasonable, considering the nature of the industry and the bargaining positions of the parties. Ultimately, the Commission approved the BP Subiaco Collective Enterprise Agreement 2013, finding it to be in compliance with the Fair Work Act 2009 and meeting the necessary standards of genuine agreement and fair terms and conditions of employment.

As a result of the decision, the BP Subiaco Collective Enterprise Agreement 2013 was approved and is now legally binding on the parties involved. The agreement will govern the employment relationship between Petrelis Properties Pty Ltd and the relevant union, setting out the terms and conditions of employment for the employees covered by the agreement.

Petrelis Properties Pty Ltd T/A BP Subiaco

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established