austlii:cth/FWCA/2026/795
General information, not legal advice.
FWCA
2026-03-30
Original judgment source is linked above.
s.185 - Enterprise agreement
BENNETT'S PETROLEUM SUPPLIES PTY LTD DRIVERS ENTERPRISE AGREEMENT 2025
Application for approval of the Bennett's Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Bennett's Petroleum Supplies Pty Ltd Drivers Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Bennett's Petroleum Supplies Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7) of the Act.
[4] The Transport Workers' Union of Australia (TWU) being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.
[5] The TWU was provided an opportunity to raise any concerns relating to the undertaking. They did not.
[6] The Agreement is approved, and in accordance with s.54, of the Act will operate from 6 April 2026. The nominal expiry date of the Agreement is 1 October 2028.

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