DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventec Australia Pty Ltd T/A Ventec Australia
(AG2016/7558)

VENTEC AUSTRALIA ENTERPRISE AGREEMENT 2016

Coal industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Ventec Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ventec Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventec Australia Pty Ltd T/A Ventec Australia. The Agreement is a single enterprise agreement.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 16 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventec Australia Pty Ltd, trading as Ventec Australia, sought approval of the Ventec Australia Enterprise Agreement 2016. The application was made in the Fair Work Commission. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009.

The court was required to determine several key legal issues, including whether the agreement was made in good faith, if it met the requirements for being a "simple, fair and portable" agreement, and whether it contained terms that were unfair. Additionally, the court needed to assess if the agreement appropriately addressed the bargaining rights of the employees and if it complied with the procedural requirements set forth in the Fair Work Act.

In its decision, the Fair Work Commission examined the evidence presented regarding the bargaining process and the contents of the agreement. The Commission found that the agreement was made in good faith and contained terms that were fair and portable. The Commission also concluded that the agreement complied with the procedural requirements and adequately addressed the bargaining rights of the employees. As such, the Commission approved the Ventec Australia Enterprise Agreement 2016.

The Commission's final orders included the approval of the agreement, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act. The decision underscored the importance of adhering to procedural fairness and good faith in the creation of enterprise agreements.

Ventec Australia Pty Ltd T/A Ventec Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established