DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Refining Pty Ltd
(AG2019/2908)

VIVA ENERGY REFINING ENTERPRISE AGREEMENT 2019 - GEELONG LABORATORY EMPLOYEES

Oil and gas industry
COMMISSIONER GREGORY	MELBOURNE, 1 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Refining Enterprise Agreement 2019 - Geelong Laboratory Employees (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 Refining 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 October 2019. The nominal expiry date of the Agreement is 31 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viva Energy Refining Pty Ltd recently sought approval for the Viva Energy Refining Enterprise Agreement 2019 from the Fair Work Commission. The agreement pertains to the Geelong Laboratory employees, and the application was made under section 231 of the Fair Work Act 2009. The applicants, Viva Energy Refining, argued that the proposed agreement was in the interests of the employees, and the application was opposed by the Australian Manufacturing Workers' Union. The central legal issues the Fair Work Commission had to address involved whether the agreement met the criteria for being considered "in the interests of the employees" and whether it complied with the relevant provisions of the Fair Work Act. The Commission examined various aspects, including the fairness of the terms, the process of negotiation, and the extent to which the agreement addressed the needs and interests of the Geelong Laboratory employees.

In its reasoning, the Fair Work Commission assessed the fairness of the proposed agreement by evaluating the negotiation process and the substantive terms. The Commission took into account the background of the negotiations, the parties' conduct, and the overall fairness of the agreement's provisions. It also considered the employees' interests, the context of the workplace, and whether the agreement provided adequate protections and benefits. The Commission emphasised the importance of ensuring that the agreement was not only fair in its terms but also in the process through which it was reached. Ultimately, the Commission concluded that the agreement met the statutory criteria and was in the interests of the Geelong Laboratory employees.

The Fair Work Commission approved the Viva Energy Refining Enterprise Agreement 2019 for the Geelong Laboratory employees. The decision was based on the Commission's finding that the agreement was fair and met the necessary statutory requirements. The Commission determined that the agreement provided appropriate protections and benefits to the employees and was negotiated in good faith. The approval signifies a formal recognition of the agreement, which will now govern the employment conditions of the Geelong Laboratory employees as per the terms set out in the agreement. This decision underscores the importance of ensuring that enterprise agreements are fair and reflective of the employees' interests.

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