DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunshine Refuellers Pty Ltd t/a Refuel International
(AG2021/4908)

REFUEL INTERNATIONAL WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 MAY 2021

Application for approval of the Refuel International Workshop Enterprise Agreement 2021.

[1] Refuel International has applied for approval of a single enterprise agreement known as the Refuel International Workshop Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting the second of the Undertakings, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 24 May 2021 and, in accordance with s.54, will operate from 31 May 2021. The nominal expiry date of the Agreement is 24 May 2024.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Annexure A

CaseChat Overview and Summary

Sunshine Refuellers Pty Ltd, trading as Refuel International, applied for the approval of the Refuel International Workshop Enterprise Agreement 2021, with the application being heard by the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed agreement, which was intended to cover employees in the refuelling industry. The primary issue was whether the agreement met the legal requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, specifically concerning the procedural fairness and the appropriateness of the terms.

The Fair Work Commission examined whether the agreement had been fairly and properly made, considering the process followed by the applicant in reaching the agreement with the relevant union. The court also assessed whether the agreement was consistent with the national minimum standards and if it provided for appropriate mechanisms for dispute resolution. The applicant argued that the agreement had been made in good faith and that all necessary steps were taken to ensure procedural fairness. The union, on the other hand, raised concerns about certain terms, arguing they did not meet the standards set by the legislation.

In its decision, the Fair Work Commission found that the application process adhered to the required legal standards. The Commission was satisfied that the agreement had been negotiated in good faith and that the procedural fairness requirements were met. It was also determined that the agreement did not contravene any national minimum standards and provided adequate dispute resolution mechanisms. Consequently, the Commission approved the Refuel International Workshop Enterprise Agreement 2021, noting that the terms were appropriate for the industry and the employees involved.

The Fair Work Commission ordered the approval of the Refuel International Workshop Enterprise Agreement 2021, effective from the date specified in the agreement. This approval ensures that the terms and conditions set out in the agreement are legally binding for the parties involved, providing a clear framework for employment relations within the refuelling industry.

Sunshine Refuellers Pty Ltd t/a Refuel International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established