Viva Energy Refining Pty Ltd

[2022] FWCA 1700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viva Energy Refining Pty Ltd

(AG2022/1435)

Viva Energy Australia Geelong Refinery Enterprise Agreement 2021 – Maintenance Employees

Oil and gas industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 MAY 2022

Application for approval of the Viva Energy Australia Geelong Refinery Enterprise Agreement 2021 – Maintenance Employees

An application has been made for approval of an enterprise agreement known as the Viva Energy Australia Geelong Refinery Enterprise Agreement 2021 – Maintenance Employees (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Viva Energy Refining Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 17 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Viva Energy Refining Pty Ltd applied to the Fair Work Commission for approval of the Viva Energy Australia Geelong Refinery Enterprise Agreement 2021, specifically focusing on the provisions for maintenance employees. The nature of the dispute centred on whether the provisions of the agreement aligned with the requirements set forth in the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the application to determine if the agreement should be approved and registered.

The primary legal issues the court had to decide involved whether the agreement met the criteria for being a "single, integrated and complete" document as required by section 228 of the Fair Work Act. The court also had to examine if the agreement provided for fair terms and conditions for the maintenance employees, ensuring it did not unfairly disadvantage any party. The court needed to confirm that the agreement was not contrary to public policy and that it was genuinely negotiated.

The Fair Work Commission found that the agreement was a single, integrated and complete document. It was determined that the agreement provided for fair terms and conditions for the maintenance employees and was negotiated in good faith. The court confirmed that the agreement did not unfairly disadvantage any party and was not contrary to public policy. Based on these findings, the Commission approved the agreement and directed that it be registered.

The final orders of the Fair Work Commission were that the Viva Energy Australia Geelong Refinery Enterprise Agreement 2021 for maintenance employees be approved and registered under the Fair Work Act. The agreement was to take effect from the date of registration, and the parties were required to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established