Wesfarmers Kleenheat Gas Pty Ltd

[2014] FWCA 7611

The attached document replaces the document previously issued with the above code on 28 October 2014.

Typographical error in title

John Posener

Associate to Commissioner Cargill

Dated 29 October 2014

[2014] FWCA 7611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wesfarmers Kleenheat Gas Pty Ltd
(AG2014/9369)

WESFARMERS KLEENHEAT GAS PTY LTD GENERAL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 28 OCTOBER 2014

Application for approval of the Wesfarmers Kleenheat Gas Pty Ltd General Delivery Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wesfarmers Kleenheat Gas Pty Ltd General Delivery Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wesfarmers Kleenheat Gas Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 November 2014. The nominal expiry date is two (2) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wesfarmers Kleenheat Gas Pty Ltd recently sought approval for its General Delivery Drivers Enterprise Agreement 2014, presenting the application before a relevant court. The applicant, Wesfarmers Kleenheat, is a major player in the gas industry, and the dispute centred on whether the proposed agreement complied with statutory requirements and fair work principles. The nature of the dispute involved scrutiny of the agreement's provisions, which needed to be in line with the Fair Work Act 2009.

The court was tasked with determining whether the agreement adequately covered all mandatory terms prescribed by the Fair Work Act, and whether it was made in good faith and without coercion. Specific concerns included the agreement's provisions regarding hours of work, penalties, and the process by which the agreement was negotiated. The court needed to assess whether the negotiation process was transparent and fair, and whether the agreement's terms were reasonable in the context of the industry and the workforce.

After thorough examination, the court found that the agreement substantially complied with the statutory requirements and was made in good faith. The court highlighted that the agreement included necessary provisions and that the negotiation process was fair and transparent. The court was satisfied that the terms were reasonable, given the context of the industry and the nature of the workforce. Consequently, the court approved the Wesfarmers Kleenheat Gas Pty Ltd General Delivery Drivers Enterprise Agreement 2014. This decision ensures that the agreement will govern the employment conditions of the drivers, providing a clear framework for both the employer and employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established