Mining and Energy Union (301V) v Viva Energy Australia Pty Ltd Trading AS Viva Energy Australia – Clyde & Gore Bay Terminals
Citation: [2026] FWC 1208
What happened
The Mining and Energy Union (MEU) brought an application to the Fair Work Commission concerning a dispute with Viva Energy Australia Pty Ltd, trading as Viva Energy Australia – Clyde & Gore Bay Terminals. The dispute relates to payment for employees while on personal leave and annual leave, as outlined in the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024. The Deputy President heard the case.
What was decided
The Fair Work Commission approved the application to deal with the dispute regarding payment while on personal leave and annual leave. The decision references previous cases, including *The Australian Workers' Union v Brunel Technical Services Pty Ltd* [2013] FWC 447. The Enterprise Agreement expires on 2027-09-08.
What it means for employers
Employers covered by the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024 need to ensure they are correctly interpreting and applying the provisions related to payment for employees on personal leave and annual leave. This includes reviewing the enterprise agreement and seeking clarification from the Fair Work Commission if needed.
What it means for employees
Employees covered by the Viva Energy Australia – Clyde & Gore Bay Terminals Operator Enterprise Agreement 2024 should be aware of their entitlements regarding payment while on personal leave and annual leave. If they believe their employer is not complying with the agreement, they can seek assistance from the MEU or the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections