Viva Energy Refining Pty Ltd

[2018] FWCA 6431

[2018] FWCA 6431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Refining Pty Ltd
(AG2018/2649)

VIVA ENERGY REFINING ENTERPRISE AGREEMENT 2018 - GEELONG OPERATOR EMPLOYEES

Oil and gas industry
COMMISSIONER JOHNS	SYDNEY, 17 OCTOBER 2018

Application for approval of the Viva Energy Refining Enterprise Agreement 2018 - Geelong Operator Employees.

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Refining Enterprise Agreement 2018 - Geelong Operator 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.

[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 Australian Workers’ 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 24 October 2018. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

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Annexure A