DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Refining Pty Ltd
(AG2019/3976)

VIVA ENERGY REFINING ENTERPRISE AGREEMENT 2019 - GEELONG OPERATOR EMPLOYEES

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 NOVEMBER 2019

Application for approval of the Viva Energy Refining Enterprise Agreement 2019 - Geelong Operator Employees.

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Refining Enterprise Agreement 2019 - Geelong Operator Employees (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 November 2019. The nominal expiry date of the Agreement is 14 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viva Energy Refining Pty Ltd, an applicant, sought approval of the Viva Energy Refining Enterprise Agreement 2019 concerning Geelong Operator Employees. The Fair Work Commission, acting as the court in this matter, was tasked with determining whether the agreement was appropriate for endorsement. The dispute centred on the terms and conditions stipulated within the agreement, which was proposed to govern the employment relationship between the company and the specified employees.

The central legal issues before the court involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court examined if the agreement met the statutory requirements, including provisions concerning minimum entitlements, procedural fairness, and whether it provided for a fair and efficient means of resolving workplace disputes. Additionally, the court considered whether the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining.

The court found that the agreement was compliant with the statutory requirements and genuinely negotiated. The terms and conditions were considered fair and balanced, providing adequate protection for the employees while also accommodating the operational needs of the company. The agreement provided for appropriate mechanisms to address workplace disputes, ensuring procedural fairness and adherence to good faith bargaining principles. Consequently, the court approved the Viva Energy Refining Enterprise Agreement 2019 for Geelong Operator Employees, endorsing it as a suitable means of regulating the employment relationship between the parties.

Viva Energy Refining 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