Viva Energy Australia Pty Ltd Summary

[2022] FWCA 1466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viva Energy Australia Pty Ltd

(AG2022/1019)

Viva Energy Australia Pty Ltd - Brisbane Airport Enterprise Agreement 2022

Road transport industry
COMMISSIONER HUNT	BRISBANE, 5 MAY 2022

Application for approval of the Viva Energy Australia Pty Ltd - Brisbane Airport Enterprise Agreement 2022

Viva Energy Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Viva Energy Australia Pty Ltd - Brisbane Airport Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.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 of the Act, will operate from 12 May 2022. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Viva Energy Australia Pty Ltd, sought approval of the Viva Energy Australia Pty Ltd - Brisbane Airport Enterprise Agreement 2022. The respondents were the Australian Council of Trade Unions, United Voice Queensland Branch, and the Transport Workers Union. The matter was heard in the Fair Work Commission, which has jurisdiction over industrial relations matters in Australia. The Commission was required to decide whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the proper negotiation of terms and conditions of employment and if it was free from any prohibited content.

The Commission found that the agreement was the product of proper negotiation between the parties and contained provisions that adequately addressed the terms and conditions of employment for the relevant employees. The Commission also found that the agreement did not contain any provisions that were contrary to the objectives of the Fair Work Act or that had any other prohibited content. The Commission considered the submissions made by the respondents, but ultimately found that the agreement met the statutory requirements for approval.

The Commission approved the Viva Energy Australia Pty Ltd - Brisbane Airport Enterprise Agreement 2022, finding that it was a genuine agreement that provided for the proper negotiation of terms and conditions of employment and was free from any prohibited content. The Commission also noted that the agreement provided for the protection of employees' rights and interests and facilitated the efficient operation of the workplace. The Commission's approval of the agreement ensures that the employees covered by the agreement will benefit from the terms and conditions set out in the agreement.

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