Ventia Australia Pty Limited T/A Ventia Australia Pty Limited

[2021] FWCA 7050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Limited T/A Ventia Australia Pty Limited
(AG2021/8465)

VENTIA (ROADS MAINTENANCE & MISCELLANEOUS SERVICES) ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 DECEMBER 2021

Application for approval of the Ventia (Roads Maintenance & Miscellaneous Services) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Ventia (Roads Maintenance & Miscellaneous Services) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 9 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Ventia Australia Pty Limited to the Fair Work Commission, seeking approval of the Ventia (Roads Maintenance & Miscellaneous Services) Enterprise Agreement 2021. The application arose from negotiations between Ventia and its employees, represented by the Transport Workers Union of Australia, regarding employment terms and conditions. The Commission's task was to determine whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees.

The primary legal issue before the Commission was whether the agreement adequately addressed the bargaining process and contained provisions that were fair and reasonable in all respects. This involved examining whether the agreement satisfied the mandatory topics outlined in section 228 of the Fair Work Act, and whether it was made in good faith and without coercion, as required by section 230. Additionally, the Commission needed to consider if the agreement provided for a fair and reasonable outcome for the employees, taking into account the principles of enterprise bargaining and the overall fairness of the terms.

The Fair Work Commission determined that the proposed agreement was fair and reasonable in all respects. The Commission found that the bargaining process had been conducted in good faith and without coercion, and that the agreement contained provisions on all mandatory topics as required by the Act. The Commission also considered the overall fairness of the terms and conditions offered to the employees, and concluded that the agreement provided for a fair and reasonable outcome. As such, the Commission approved the agreement under section 231 of the Fair Work Act.

The Commission's final orders included the approval of the Ventia (Roads Maintenance & Miscellaneous Services) Enterprise Agreement 2021, which will now be applicable to the employees of Ventia Australia Pty Limited for the specified period. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, and will be binding on both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established