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

[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

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.

The Agreement is a single enterprise agreement.

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

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.

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

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Speedy Fuel Pty Ltd, trading as Speedy Fuel, applied to the Fair Work Commission for the approval of a Drivers Agreement. The agreement sought to establish terms and conditions for drivers employed by Speedy Fuel. The dispute involved the proposed conditions outlined in the agreement, which Speedy Fuel claimed were necessary for its business operations. The matter was heard by the Fair Work Commission, which had jurisdiction over workplace relations and employment agreements in Australia.

The legal issues before the Commission were whether the proposed conditions in the Drivers Agreement were fair and reasonable, and whether they complied with the relevant legislative framework, including the Fair Work Act 2009. The Commission needed to consider if the agreement provided adequate protections for drivers, including reasonable working hours, pay rates, and conditions that were not overly harsh, unconscionable, or discriminatory. Speedy Fuel argued that the agreement was necessary for the efficient operation of its business, while the drivers contended that certain conditions were unfair and should be revised.

The Fair Work Commission examined the Drivers Agreement in detail, considering the specific needs of Speedy Fuel's operations and the rights of drivers under the Fair Work Act. The Commission assessed the proposed terms against statutory standards for fairness and reasonableness, taking into account the balance of power between the parties, the availability of alternative employment, and the overall economic and social context. After thorough deliberation, the Commission concluded that certain conditions in the proposed agreement were not fair and reasonable. It made specific recommendations for amendments to address these concerns and ensure the agreement complied with the Act.

In its decision, the Commission approved the Drivers Agreement with certain modifications. The approved agreement included changes to address the Commission's concerns about fairness and reasonableness. The modifications ensured that the agreement provided adequate protections for drivers while allowing Speedy Fuel to maintain operational efficiency. The Commission's decision provided a clear framework for the terms and conditions of employment for drivers, balancing the interests of both parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established