DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas
(AG2015/3658)

SADLEIRS RDS OIL & GAS AND TWU (LONG DISTANCE DRIVERS) GREENFIELDS AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 1 JULY 2015

Application for approval of the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015 (Agreement). The application was made by Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sadleirs RDS Oil and Gas Pty Ltd, trading as Sadleirs RDS Oil and Gas, applied for approval of the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015. The Transport Workers Union (TWU) opposed the application, arguing that the agreement was not genuinely negotiated and contained provisions that were not in the best interests of the employees. The dispute centred on the approval process for the enterprise agreement under the Fair Work Act 2009.

The Commission had to decide whether the agreement was genuinely negotiated and in the best interests of the employees. The TWU claimed that the agreement was not genuinely negotiated as Sadleirs RDS Oil and Gas did not provide the union with sufficient information to enable meaningful negotiations. The Commission examined the evidence and submissions from both parties to determine whether the agreement met the statutory requirements for genuine negotiation and best interests.

After considering the evidence, the Commission found that the agreement was genuinely negotiated and in the best interests of the employees. The Commission rejected the TWU's argument that the agreement was not genuinely negotiated, finding that there was sufficient evidence to demonstrate that meaningful negotiations had taken place. The Commission also found that the agreement contained provisions that were in the best interests of the employees, including provisions relating to pay rates, penalties, and termination of employment.

The Commission approved the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included amendments to the penalty rates and termination provisions to ensure that they were in the best interests of the employees. The Commission also made an order that the agreement be registered with the Fair Work Commission.

Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established