Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust T/A Speedy Fuel

[2021] FWCA 1951

[2021] FWCA 1951

FAIR WORK COMMISSION

DECISION

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

Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust T/A Speedy Fuel
(AG2021/4177)

SPEEDY FUEL PTY LTD DRIVERS AGREEMENT 2021

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 APRIL 2021

Application for approval of the Speedy Fuel Pty Ltd Drivers Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Speedy Fuel Pty Ltd Drivers Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust T/A Speedy Fuel. The Agreement is a single enterprise agreement.

[2] The employer 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] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 2.1;

•  Clause 3.1;

•  Clause 3.4(i);

•  Clause 9.1; and

•  Clause 16.3.

[5] However, noting clause 1.1.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The employer did not provide employees with a copy of the incorporated Road Transport and Distribution Award 2020 as required under s180(2) of the Act. However, in the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

a. this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b. the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[7] The Agreement was approved on 12 April 2021 and, in accordance with s.54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 1 February 2025.

COMMISSIONER

ANNEXURE A-

 1   [2019] FWCFB 318.

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