Application for approval of the Viva Energy Australia Geelong Refinery Enterprise Agreement 2025 - Maintenance Employees

[1] Viva Energy Refining Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Viva Energy Australia Geelong Refinery Enterprise Agreement 2025 - Maintenance Employees (the Agreement).

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 CEPU and the AMWU.

[3] The Notice of Employee Representational Rights (NERR) provided to employees appears to be a historic version of the form that is inconsistent in s.174(1A)(c) of the Act. I am satisfied that this is a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[4] I raised that the Agreement does not explicitly include a shift worker definition for the purpose of the week of annual leave provided for in section 87(1)(b) of the Act. The Employer provided an undertaking defining a shift worker for the above purpose (see attached).

[5] I raised a Better Off Overall Test (BOOT) concern that the Agreement does not provide wage calculations for apprentices, despite apprentices being referenced at clause 4.8.2. The Employer made submissions that it does not currently engage apprentices, and does not intend to do so under this Agreement. I accept that it is not reasonably foreseeable that apprentices will be engaged by the Employer. Accordingly, I am not required to have regard to apprentice wage rates for the purpose of the BOOT pursuant to s.193A(6). I note the Employer's submissions that Apprentices engaged (by third parties) on the site receive at least the applicable percentage of the Level 1 rate for the relevant trade.

[6] 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. The undertakings are taken to be a term of the agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2026. The nominal expiry date of the Agreement is 17 November 2029.

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