DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viva Energy Refining Pty Ltd
(AG2014/9936)

VIVA ENERGY REFINING ENTERPRISE AGREEMENT 2014 - GEELONG OPERATOR EMPLOYEES

Oil and gas industry
VICE PRESIDENT WATSON	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Viva Energy Refining Enterprise Agreement 2014 - Geelong Operator Employees.

[1] An application has been made for approval of an enterprise agreement known as the Viva Energy Refining Enterprise Agreement 2014 - 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.

[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 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 9 December 2014. The nominal expiry date of the Agreement is 14 June 2018.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viva Energy Refining Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Viva Energy Refining Enterprise Agreement 2014, which governs Geelong Operator Employees. The applicant, United Voice, an industrial organisation, contested the application, asserting that the proposed agreement did not adequately address several issues, including pay rates, penalty rates, and working conditions. The case was heard and determined by the Fair Work Commission.

The central legal issues before the Commission were whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees, and whether it complied with the requirements for enterprise agreements under the Act. The Commission also needed to consider the views of the applicant, United Voice, which represented the interests of the Geelong Operator Employees.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission considered the evidence provided by both parties and concluded that the agreement provided fair and reasonable terms and conditions for the Geelong Operator Employees. The Commission also found that the agreement complied with the requirements for enterprise agreements under the Fair Work Act 2009. The views of the applicant, United Voice, were taken into account, but the Commission determined that they did not outweigh the benefits of the proposed agreement for the employees.

The Fair Work Commission approved the Viva Energy Refining Enterprise Agreement 2014, subject to certain conditions and modifications. The Commission ordered that the agreement be registered and published, and that it would come into effect on the date of the Commission's decision. The decision was binding on all parties and could not be challenged further in the Fair Work Commission.

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