DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tripstar Investments Pty Ltd atf A & M Triplett Family Trust t/a Caltex Woolworths Clarkson / Caltex Star Shop North Wanneroo
(AG2015/6946)

TRIPSTAR INVESTMENTS PTY LTD COLLECTIVE ENTERPRISE AGREEMENT

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

Application for approval of the Tripstar Investments Pty Ltd Collective Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tripstar Investments Pty Ltd Collective Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tripstar Investments Pty Ltd atf A & M Triplett Family Trust t/a Caltex Woolworths Clarkson / Caltex Star Shop North Wanneroo. 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 was approved on 8 February 2016 and, in accordance with s.54, will operate from 15 February 2016. The nominal expiry date of the Agreement is 8 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Tripstar Investments Pty Ltd, trading as Caltex Woolworths Clarkson/Caltex Star Shop North Wanneroo, applied for the approval of a collective enterprise agreement. The respondents included various unions representing the employees. The primary dispute centred around the terms and conditions of employment as outlined in the proposed agreement. The Commission had to decide whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for a fair and reasonable enterprise agreement.

The court had to determine if the proposed agreement included all mandatory terms, was free from prohibited content, and provided for appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment. It also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement did not appropriately address the issue of penalty rates for shift loading, as it failed to provide for adequate protection for employees working on Sundays and public holidays. The court ruled that the proposed agreement did not meet the standards for a fair and reasonable enterprise agreement. Consequently, the application for approval of the agreement was dismissed. The Commission did not make any specific orders but indicated that the agreement should be revised to address the identified issues before resubmission.

Tripstar Investments Pty Ltd atf A & M Triplett Family Trust t/a Caltex Woolworths Clarkson / Caltex Star Shop North Wanneroo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established