Wesfarmers Kleenheat Gas Pty Ltd

[2014] FWCA 7470

FAIR WORK COMMISSION

DECISION

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

Wesfarmers Kleenheat Gas Pty Ltd
(AG2014/9381)

WESFARMERS KLEENHEAT GAS PTY LTD BULK GAS DELIVERY DRIVERS ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 22 OCTOBER 2014

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

[1] On 14 October 2014, Wesfarmers Kleenheat Gas Pty Ltd made application for approval of a single enterprise agreement to be known as the Wesfarmers Kleenheat Gas Pty Ltd Bulk Gas Delivery Drivers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 9 October 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Transport Workers’ Union of Australia (TWU) has declared that the TWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the TWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the TWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 October 2014.

[7] The nominal expiry date of this Agreement is 28 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Wesfarmers Kleenheat Gas Pty Ltd and the relevant trade union. The dispute centred on the approval of the Wesfarmheat Gas Pty Ltd Bulk Gas Delivery Drivers Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, an Australian federal statutory court that specialises in employment and workplace relations matters.

The primary legal issues the court was tasked with deciding included whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, and whether the agreement provided adequate protections for employees while allowing for operational flexibility for the employer. The court also needed to assess if the agreement contained provisions that were in the best interests of the employees and whether it complied with the principles of good faith bargaining.

In delivering its decision, the court examined the evidence and submissions from both parties, focusing on the terms and conditions set out in the agreement. The court found that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable, balancing the interests of both the employees and the employer. The court also concluded that the agreement was in the best interests of the employees, as it provided for adequate protections and benefits. Consequently, the court approved the enterprise agreement, finding it to be compliant with the relevant statutory requirements and in line with principles of good faith bargaining.

The final orders of the court were that the Wesfarmheat Gas Pty Ltd Bulk Gas Delivery Drivers Enterprise Agreement 2014 be approved, effective from the date of the decision. The approval granted the agreement a five-year period of validity, subject to the parties' ability to negotiate further modifications or extensions as per the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established