Application for approval of the Liberty Oil Australia Pty Ltd Drivers Agreement 2025

[1] Liberty Oil Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Liberty Oil Australia Pty Ltd Drivers Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer's responses to issues identified, and the Statement of Principles.[1]

[4] I observe that clauses 12.2 and 25.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 March 2026. The nominal expiry date of the Agreement is 2 March 2030.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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