DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunshine Refuellers Pty Ltd T/A Refuel International
(AG2016/5595)

REFUEL INTERNATIONAL WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Refuel International Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Refuel International Workshop Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunshine Refuellers Pty Ltd T/A Refuel International. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 20 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 2016. The dispute arose as part of the Fair Work Act 2009’s process for the registration of new enterprise agreements, which involves the Fair Work Commission (FWC) determining whether the agreement meets the statutory requirements for approval. The applicant, a company involved in the refuelling of aircraft, sought to formalise certain terms and conditions of employment within its enterprise through this agreement.

The primary legal issue before the court was whether the agreement complied with the formal requirements under the Fair Work Act, including whether the agreement was made in good faith and for the purpose of creating an enterprise agreement. Additionally, the court had to determine if the agreement contained the minimum terms specified by the Act, including minimum rates of pay, maximum standard and penalty rates, and other conditions such as leave provisions.

The court reviewed the application and submissions provided by the parties. It found that the agreement was made in good faith and was intended to create an enterprise agreement. The court also considered whether the agreement met the minimum terms, including ensuring the provisions did not fall below the applicable awards or registered agreements. The FWC concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees. The court found that the agreement did not disadvantage employees and provided for appropriate terms and conditions of employment.

The Fair Work Commission approved the Refuel International Workshop Enterprise Agreement 2016, thereby enabling its registration. The decision was made based on the evidence and submissions presented, confirming that the agreement complied with the requirements of the Fair Work Act. The court's approval allowed the agreement to be formally registered, ensuring that it would govern the employment conditions of the employees within the specified enterprise.

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