Viva Energy Refining Pty Ltd

[2018] FWCA 5775

[2018] FWCA 5775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viva Energy Refining Pty Ltd
(AG2018/1398)

VIVA ENERGY AUSTRALIA GEELONG REFINERY ENTERPRISE AGREEMENT 2017 - MAINTENANCE EMPLOYEES

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2018

Application for approval of the Viva Energy Australia Geelong Refinery Enterprise Agreement 2017 - Maintenance Employees.

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Australia Geelong Refinery Enterprise Agreement 2017 - Maintenance 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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2018. The nominal expiry date of the Agreement is 17 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A