Viva Energy Australia Pty Ltd

[2024] FWCA 2985

[2024] FWCA 2985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viva Energy Australia Pty Ltd

(AG2024/2564)

VIVA ENERGY AUSTRALIA PTY LTD – PERTH AIRPORT ENTERPRISE AGREEMENT 2024

Airport operations
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 AUGUST 2024

Application for approval of the Viva Energy Australia Pty Ltd – Perth Airport Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Viva Energy Australia Pty Ltd – Perth Airport Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Viva Energy Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. The application was required to be filed within 14 days after it was made on 26 May 2024 in accordance with s 185(3) of the Act. As it was not filed until 9 July 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

1. 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).

1. I observe that clause 7.1 of the Agreement contains an exhaustive list of public holidays that employees are entitled to take, plus two additional days as agreed by the majority in a location. Noting clause 1.6 of the Agreement, the Agreement will apply to the extent that an individual employee does not agree to the substitution agreed to by the majority.

1. The Transport Workers’ Union of Australia being a bargaining representative for the Agreement has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act will operate from 21 August 2024. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

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