DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Australia Pty Ltd
(AG2017/5481)

VIVA ENERGY AUSTRALIA - CLYDE & GORE BAY TERMINALS OPERATOR ENTERPRISE AGREEMENT 2017

Oil and gas industry
COMMISSIONER SAUNDERS	NEWCASTLE, 27 MARCH 2018

Application for approval of the Viva Energy Australia - Clyde & Gore Bay Terminals Operator Enterprise Agreement 2017.

[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 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 3 April 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viva Energy Australia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was to cover employees of Clyde & Gore Bay Terminals Operator, a subsidiary of Viva Energy Australia. The application was made under the Fair Work Act 2009, which provides the framework for the approval of such agreements. The primary dispute concerned the terms and conditions of employment outlined in the agreement, including wages, hours of work, and other employment-related matters.

The Fair Work Commission was tasked with determining whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This included assessing whether the agreement was "better off overall" for the employees, as well as whether it complied with various provisions of the Act, including those relating to procedural fairness, good faith bargaining, and the protection of employees' rights. The Commission also had to consider whether the agreement appropriately balanced the interests of the employer and the employees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement did meet the statutory requirements for approval. The Commission was satisfied that the agreement provided for terms and conditions that were better off overall for the employees, and that the process leading to the agreement had been conducted in good faith and in compliance with the procedural fairness requirements. The Commission noted that while some employees had raised concerns, the overall balance of the agreement favoured its approval. The Commission ultimately approved the enterprise agreement, and the decision was made in favour of Viva Energy Australia Pty Ltd.

The Fair Work Commission's final orders included the approval of the Viva Energy Australia - Clyde & Gore Bay Terminals Operator Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement. This included ensuring that all employees were informed of the new terms and conditions of employment, and that any necessary changes to their employment contracts were made accordingly. The decision was final and binding on all parties involved.

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