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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viva Energy Refining Pty Ltd sought approval of the Viva Energy Refining Enterprise Agreement 2018, which pertains to Geelong Operator employees. The Fair Work Commission was tasked with determining whether the agreement should be certified as a simple or low-paid enterprise agreement. The dispute centred on the classification of the agreement under the Fair Work Act 2009. The Commission needed to assess whether the agreement qualified as a simple or low-paid enterprise agreement, as this classification impacts the procedural requirements for its approval.

The key legal issues revolved around the interpretation of the Fair Work Act 2009, specifically the criteria for determining whether an enterprise agreement is "simple" or "low-paid." The Commission considered the provisions of the agreement and the nature of the employees' roles. The Commission noted that the Geelong Operator employees were skilled and performed duties that required significant technical knowledge and experience. The Commission held that the roles were not low-paid, as the employees were compensated above the low-paid threshold. Additionally, the agreement contained provisions that went beyond the "simple" criteria, such as those addressing specific operational requirements and dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was not a low-paid enterprise agreement due to the skilled nature of the Geelong Operator employees and their remuneration. The Commission also found that the agreement did not meet the criteria for a simple enterprise agreement because it included detailed provisions beyond what was considered "simple." Consequently, the Commission concluded that the agreement must be approved through the standard enterprise agreement process. The Commission certified the agreement under the standard enterprise agreement process, requiring further steps such as bargaining and negotiation before final approval.

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