Wesfarmers Kleenheat Gas Pty Ltd Summary

[2022] FWCA 1074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wesfarmers Kleenheat Gas Pty Ltd

(AG2022/527)

Kleenheat General Delivery Drivers Enterprise Agreement 2022

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 29 MARCH 2022

Application for approval of the Kleenheat General Delivery Drivers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Kleenheat General Delivery Drivers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesfarmers Kleenheat Gas Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2022. The nominal expiry date of the Agreement is 5 April 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wesfarmers Kleenheat Gas Pty Ltd applied for approval of the Kleenheat General Delivery Drivers Enterprise Agreement 2022. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it met the necessary standards for a fair and reasonable enterprise agreement. The Commission was tasked with determining if the agreement was genuinely negotiated, free from coercion and undue influence, and if it provided for a fair and reasonable outcome for both the employees and the employer.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated between the parties and if it met the criteria for approval as outlined in the Fair Work Act. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome, ensuring that it did not adversely affect the employees' wages and conditions and that it complied with the applicable minimum standards. Additionally, the Commission examined whether the agreement was free from any undue influence or coercion that could have compromised its fairness.

The Commission found that the agreement had been genuinely negotiated between the parties and met the criteria for approval. It was determined that the agreement provided for a fair and reasonable outcome for both the employees and the employer, taking into account the terms and conditions of employment, as well as the applicable minimum standards. The Commission concluded that the agreement did not adversely affect the employees' wages and conditions and was free from any undue influence or coercion. As such, the Commission approved the Kleenheat General Delivery Drivers Enterprise Agreement 2022.

Wesfarmers Kleenheat Gas Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established