Viva Energy Australia Ltd

[2014] FWCA 8371

[2014] FWCA 8371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viva Energy Australia Ltd
(AG2014/8028)

VIVA ENERGY AUSTRALIA - CLYDE & GORE BAY TERMINALS OPERATOR ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 24 NOVEMBER 2014

Application for approval of the Viva Energy Australia - Clyde & Gore Bay Terminals Operator Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Australia - Clyde & Gore Bay Terminals Operator Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viva Energy Australia Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 30 October 2014. The application included a Statutory Declaration of Brett O’Meara made on behalf of the Employer and dated 29 October 2014, (the Declaration). The Declaration stated that the Agreement was made on 24 October 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 24 November 2014. I note that the file has included a Statutory Declaration of Mark McGrath made on behalf of the Construction, Forestry, Mining and Energy Union (the CFMEU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 5.0 and a consultation terms at clauses 7.0 and 8.0.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the CFMEU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 1 December 2014. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 30 September 2017.

COMMISSIONER

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