DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust T/A Speedy Fuel
(AG2018/3337)

SPEEDY FUEL PTY LTD DRIVERS AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 AUGUST 2018

Application for approval of the Speedy Fuel Pty Ltd Drivers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Speedy Fuel Pty Ltd Drivers Agreement 2018 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 14 August 2018. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Speedy Fuel Pty Ltd, trading as Speedy Fuel, applied to the Federal Circuit and Family Court for approval of the Speedy Fuel Pty Ltd Drivers Agreement 2018. The application was made under section 235 of the Fair Work Act 2009, seeking the Court's endorsement of the agreement as a safety net agreement. The dispute involved the terms and conditions of employment for drivers working for Speedy Fuel, with the application focusing on whether the proposed agreement met the legal standards for safety net agreements.

The central legal issue before the Court was whether the proposed drivers agreement satisfied the criteria set out in section 235 of the Fair Work Act. Specifically, the Court had to determine if the agreement provided protections that were no less favourable than the applicable national workplace determination and whether it complied with other statutory requirements. The Court's analysis included a detailed examination of the agreement's provisions in comparison to the relevant national workplace determination and an assessment of whether the agreement met the overall purpose of the safety net provisions.

In delivering the judgment, the Court found that the proposed agreement did indeed meet the statutory requirements. The agreement was deemed to provide protections that were no less favourable than those set out in the relevant national workplace determination. The Court was satisfied that the agreement adequately addressed the essential terms and conditions of employment, ensuring that it provided a fair and reasonable framework for the drivers' employment. Consequently, the Court approved the Speedy Fuel Pty Ltd Drivers Agreement 2018 as a safety net agreement.

The Court's decision concluded with an order approving the Speedy Fuel Pty Ltd Drivers Agreement 2018, effective from the date of the judgment. This approval authorised the agreement to be applied as a safety net agreement, providing a legally binding framework for the employment of drivers working for Speedy Fuel.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established