Viva Energy Australia Pty Ltd Summary

[2024] FWCA 3211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viva Energy Australia Pty Ltd

(AG2024/3225)

VIVA ENERGY AUSTRALIA – CLYDE & GORE BAY TERMINALS OPERATOR ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 SEPTEMBER 2024

Application for approval of the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 September 2024. The nominal expiry date of the Agreement is 8 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission concerned the approval of the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024. The agreement was submitted for consideration under the Fair Work Act 2009, aiming to establish terms and conditions for employees working at the Clyde and Gore Bay terminals. The primary issue before the court was whether the agreement met the criteria for "better off overall or at least equal" (BOOTE) as required by the Fair Work Act. Specifically, the court needed to determine if the proposed terms and conditions of the agreement provided employees with outcomes that were no worse than those under their existing conditions of employment and, ideally, better.

The Fair Work Commission, in its review of the agreement, examined the various provisions, including wages, leave entitlements, and other employment conditions. The court had to assess if the proposed terms were fair and reasonable, taking into account the nature of the work and the broader economic context. The Commission also considered submissions from both Viva Energy Australia and the relevant employee representatives to ensure a balanced and comprehensive evaluation of the agreement. The court's analysis involved a detailed comparison of the existing conditions and the proposed terms to ascertain if the agreement indeed provided a BOOTE outcome.

In its decision, the Fair Work Commission determined that the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024 satisfied the BOOTE test. The Commission found that the proposed terms and conditions were fair and reasonable, providing employees with outcomes that were at least equal to, and in many respects better than, their existing conditions. The Commission noted that the agreement included provisions that addressed key employee concerns, such as wage increases and improved leave entitlements, which were deemed beneficial in the current economic environment. The Commission approved the agreement based on this comprehensive assessment, ensuring that it met the statutory requirements under the Fair Work Act.

The Fair Work Commission issued its decision approving the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024, effective from the date specified in the agreement. This approval allows the agreement to be registered with the Fair Work Commission, thereby setting the terms and conditions for employees working at the Clyde and Gore Bay terminals. The decision ensures that the agreement will legally govern employment relations within the specified scope, providing a framework for fair and equitable employment practices.

Viva Energy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established