DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trinity Petroleum Services Pty Ltd
(AG2015/2242)

TRINITY PETROLEUM SERVICES PTY LTD DRIVERS COLLECTIVE AGREEMENT

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 8 MAY 2015

Application for approval of the Trinity Petroleum Services Pty Ltd Drivers Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Trinity Petroleum Services Pty Ltd Drivers Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trinity Petroleum Services Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 1 May 2015 undertakings were provided by Mr D Pradal, Managing Director of the Company, in relation to the definition of shiftworkers and entitlement to cash out annual leave. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2015. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Trinity Petroleum Services Pty Ltd was the subject of an application before the Fair Work Commission for the approval of a Drivers Collective Agreement. The dispute centred on whether the proposed agreement met the requirements set out in the Fair Work Act 2009. The agreement aimed to regulate terms and conditions of employment for drivers employed by the company.

The central legal issues addressed by the Commission involved the validity and enforceability of the proposed agreement. The Commission had to determine whether the agreement was made in good faith, whether it was consistent with the provisions of the Fair Work Act, and if it appropriately balanced the interests of the employees and the employer. Additionally, the Commission needed to assess whether the agreement provided adequate protections for employees and if it complied with relevant industrial laws.

The Commission found that the proposed agreement was generally consistent with the principles of the Fair Work Act. It was concluded that the agreement had been made in good faith and provided reasonable protections for the drivers. The terms of the agreement were deemed fair, taking into account the balance of power between the parties and the nature of the employment relationship. Consequently, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders included the approval of the Drivers Collective Agreement with specified modifications to address minor non-compliances identified during the review process. These modifications were aimed at ensuring the agreement fully adhered to the legislative framework and protected the rights of the drivers.

Trinity Petroleum Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established