Viva Energy Refining Pty Ltd Summary

[2016] FWCA 572

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Viva Energy Refining Pty Ltd

(AG2015/7817)

VIVA ENERGY REFINING ENTERPRISE AGREEMENT 2015 -

GEELONG LABORATORY EMPLOYEES

Oil and gas industry

VICE PRESIDENT WATSON

MELBOURNE, 29 JANUARY 2016

Application for approval of the Viva Energy Refining Enterprise Agreement 2015 - Geelong

Laboratory Employees.

[1] An application has been made for approval of an enterprise agreement known as the

Viva Energy Refining Enterprise Agreement 2015 - 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Australian Manufacturing Workers’ Union 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.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 5

February 2016. The nominal expiry date of the Agreement is 31 May 2019.

VICE PRESIDENT

[2016] FWCA 572

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viva Energy Refining Pty Ltd applied to the Fair Work Commission for approval of the Viva Energy Refining Enterprise Agreement 2015 for Geelong Laboratory Employees. The applicant is a company involved in the oil and gas industry. The application was made under section 185 of the Fair Work Act 2009. The Australian Manufacturing Workers’ Union had given notice under section 183 of the Act that it wanted the agreement to cover its members. The Vice President of the Fair Work Commission, Watson, was satisfied that all relevant requirements of sections 186, 187 and 188 of the Act had been met.

The Vice President approved the agreement under section 185 of the Act. The agreement would operate from 5 February 2016 and would expire on 31 May 2019. The Vice President noted that the agreement covered the union organisation in accordance with section 201(2) of the Act. The agreement was approved under section 54(1)(a) of the Act. The Vice President made no specific orders in relation to the agreement, other than approving it. The agreement would now operate in accordance with its terms and conditions.

Viva Energy Refining Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established