Viva Energy Australia Pty Ltd Summary

[2022] FWCA 3995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viva Energy Australia Pty Ltd

(AG2022/4595)

Viva Energy Australia Pty Ltd – Darwin Airport Enterprise Agreement 2022

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the Viva Energy Australia Pty Ltd – Darwin Airport Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Viva Energy Australia Pty Ltd – Darwin Airport Enterprise Agreement 2022 (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 Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 22 November 2022. The nominal expiry date of the Agreement is 28 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viva Energy Australia Pty Ltd sought approval of its Enterprise Agreement 2022 for the Darwin Airport site. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute arose as the respondents to the agreement raised concerns about the terms and conditions outlined in the proposed agreement, arguing it did not comply with the statutory requirements for enterprise agreements.

The central legal issue before the Commission was whether the agreement, in its entirety, complied with the procedural and substantive requirements set out in the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained all the required terms, and whether the agreement had been appropriately certified by the Australian Building and Construction Commission (ABCC). The Commission also needed to determine whether the agreement was in the best interests of the employees and if it provided for adequate protections and entitlements.

The Commission carefully examined the evidence and submissions from both parties. It found that the agreement was made in good faith, contained all the necessary terms, and had been certified by the ABCC. The Commission concluded that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. Consequently, the Commission approved the Viva Energy Australia Pty Ltd – Darwin Airport Enterprise Agreement 2022.

The Fair Work Commission approved the Viva Energy Australia Pty Ltd – Darwin Airport Enterprise Agreement 2022, finding it met all the legal requirements under the Fair Work Act. The agreement was deemed to be fair, reasonable, and in the best interests of the employees.

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