DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Australia Pty Ltd
(AG2020/3888)

VIVA ENERGY AUSTRALIA – CLYDE & GORE BAY TERMINALS OPERATOR ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT CROSS	SYDNEY, 1 FEBRUARY 2021

Application for approval of the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2020.

[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 2020 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viva Energy Australia Pty Ltd sought approval for the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2020. The application was brought before the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it contained the minimum terms and conditions mandated by the Act. The court also needed to determine if the agreement was made in good faith and whether it provided for the proper classification of employees. Additionally, the fairness of the agreement was evaluated, taking into account the economic circumstances and the bargaining power of both parties.

The Fair Work Commission examined the terms and conditions of the agreement, finding that it complied with the minimum standards set out in the Fair Work Act. The court noted that the agreement covered all necessary minimum terms and conditions, and that the process through which the agreement was formed appeared to be conducted in good faith. The commission also assessed the fairness of the agreement, considering the economic environment and the bargaining positions of Viva Energy and the employees. After thorough analysis, the Fair Work Commission concluded that the agreement was fair and reasonable, taking into account all relevant factors.

Consequently, the Fair Work Commission approved the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2020. The decision was based on the agreement meeting all statutory requirements, including compliance with minimum terms and conditions, being made in good faith, and being fair and reasonable. The commission's approval ensures that the terms of the enterprise agreement are legally binding and enforceable.

Viva Energy Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established