Speedy Fuel Pty Ltd ATF Speedy Fuel Unit Trust Trading AS Speedy Fuel Pty Ltd

Application for approval of the Speedy Fuel Pty Ltd Drivers Agreement 2024

[1] Speedy Fuel Pty Ltd (ABN: 55895012618) has applied for approval of an enterprise agreement known as the Speedy Fuel Pty Ltd Drivers Agreement 2024 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement.

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

• Clause 2.1.2 (Part D) - Annual leave

• Clause 2.1.5 (Part D) - Annual Leave

• Clause 3.8 (Part D) - Compassionate leave

• Clause 12.1 (Part B) - Notification

• Clause 16.3.1 (Part B) - Termination - withholding monies

[4] Clause 1.1.2 of the Agreement gives precedence to the NES and 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] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] Clause 16.3.1 provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

[7] The Agreement does not contain a delegates' rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 29A of the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 June 2025.

[9] In accordance with clause 5.1, the nominal expiry date of the Agreement is 22 May 2028.

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