Application for approval of the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2025.

[1] An application has been made for approval of an enterprise agreement known as the Lowes Bulk Fuel Drivers (Victoria) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Ocwen Energy Pty Ltd T/A Lowes Petroleum Services (the Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 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).

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Compassionate Leave: Clause 40(a) of the Agreement provides for compassionate leave. However, it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child pursuant to s.104(1)(c) of the Fair Work Act 2009.

• Family and Domestic Violence Leave: The definition of "family and domestic violence" contained in clause 42(a) of the Agreement is not as broad as the definition contained in s.106B(2) of the Act.

[4] However, noting clauses 6.4 and 38 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 7 November 2025. The nominal expiry date of the Agreement is 1 August 2028.

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