Fuel retailer accused of selling unleaded 91 as premium petrol

A chain of Perth petrol stations sold unleaded 91 fuel as higher octane 95 and 98 fuel, WA's consumer watchdog has alleged, prompting it to begin a civil claim against the company in the Supreme Court for alleged breaches of the Australian Consumer Law.

Burk Fuel operates 14 outlets across Perth and regional WA. 

In a statement released on Monday, the Consumer Protection Agency said it had ordered independent testing on samples taken from several of its service stations between July 2025 and February this year.

"All of the samples came back as 91 fuel," Consumer Protection Commissioner Trish Blake told 102.5 ABC Perth.

Ms Blake said that would constitute a "massive breach of trust for the consumers" if the allegations were found to be true.

"Particularly for something like fuel, where you do not have the independent ability as a consumer to inspect the product and know if you're getting what you've paid for," she said.

"You have to be able to rely and trust on the trader."

When authorities announced the investigation in April this year, Burk Fuel strenuously denied the allegations, saying they used a reputable supplier and their fuel was regularly tested.

Unleaded 91 is regarded as the minimum standard for most petrol cars. Higher-octane 95 and 98 fuels are recommended or required for more high-performance vehicles.

Ms Blake said buying allegedly mislabelled fuel could have a significant impact on customers.

"It's a significant difference in value," she said.

"But also a lot of the high-performance cars only run well on the high-performance fuel.

"Some people will have been putting, in good faith, what they believe to be premium 98 unleaded fuel into their high-performance car."

Ms Blake said the agency would seek significant financial penalties if the allegations were proven true in court.

She said the agency had also sampled fuel from other traders in WA.

"I was very pleased to find that all the other traders, all of their fuel samples came back exactly as they were being promoted to the consumer," Ms Blake said.

The investigation was sparked after a consumer contacted 102.5 ABC Perth, raising questions about fuel quality at Burk Fuel.

Ms Blake praised the person for coming forward.

"They're an absolute deadset legend in my book, because the more that we can help consumers to have trust in the economy and keep traders honest, the better it is for everyone," she said.

In a statement, Burk Fuel said it intended to defend the proceedings.

"Burk's operations continue to operate as normal. Burk will not be commenting further while the matter is before the court."