Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust Trading AS Speedy Fuel Pty Ltd

[2025] FWCA 2049

[2025] FWCA 2049

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 Trading AS Speedy Fuel Pty Ltd

(AG2025/1642)

SPEEDY FUEL PTY LTD DRIVERS AGREEMENT 2024

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 23 JUNE 2025

Application for approval of the Speedy Fuel Pty Ltd Drivers Agreement 2024

1. Speedy Fuel Pty Ltd (ABN: 55895012618) has applied for approval of an enterprise agreement known as the Speedy Fuel Pty Ltd Drivers Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 2.1.2 (Part D) – Annual leave

   ·   Clause 2.1.5 (Part D) – Annual Leave

   ·   Clause 3.8 (Part D) – Compassionate leave

   ·   Clause 12.1 (Part B) – Notification

   ·   Clause 16.3.1 (Part B) – Termination – withholding monies

1. Clause 1.1.2 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Clause 16.3.1 provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 June 2025.

1. In accordance with clause 5.1, the nominal expiry date of the Agreement is 22 May 2028.

COMMISSIONER

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