DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliable Petroleum Pty Ltd
(AG2017/2034)

RELIABLE PETROLEUM AND TWU FUEL TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2017

Application for approval of the Reliable Petroleum and TWU Fuel Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reliable Petroleum and TWU Fuel Transport Enterprise 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 Reliable Petroleum Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 June 2017 and, in accordance with s.54, will operate from 5 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Reliable Petroleum Pty Ltd applied for the approval of the Reliable Petroleum and TWU Fuel Transport Enterprise Agreement 2017. The Transport Workers Union (TWU) was the bargaining representative for the employees, while Reliable Petroleum Pty Ltd represented the employer. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether these terms complied with the Fair Work Act 2009.

The court was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act, particularly focusing on whether the agreement provided for minimum rates of pay, classification of employees, and other terms and conditions in accordance with the law. The court also needed to assess whether the agreement was made in good faith and whether it provided for the proper registration of the agreement with the Fair Work Commission.

The Fair Work Commission examined the provisions of the agreement and found that it complied with the statutory requirements for minimum rates of pay, classification of employees, and other terms and conditions. The commission noted that the agreement had been made in good faith and was in the best interest of the employees. The court also considered the submissions from both parties and concluded that the proposed agreement was fair and reasonable. Therefore, the court approved the enterprise agreement, and it was registered with the Fair Work Commission. The agreement was set to commence on 1 April 2017 and would remain in effect until 31 March 2022, subject to any further orders the commission might make.

Reliable Petroleum Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established