Ventia Australia Pty Ltd

[2025] FWC 2377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Ltd

(AG2025/2335)

Oil and gas industry
COMMISSIONER LIM	PERTH, 14 AUGUST 2025

Application for approval of the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025

Ventia Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is ‘Ventia Australia Pty Ltd Chevron Enterprise Agreement 2023’ whilst the Agreement title in clause 1.1 is ‘Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025’. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

27. Public Holidays“
27.1 The Company will require an Employee to work on a Public Holiday where it falls during an Employee’s rostered On-Duty Period.”

However, I am satisfied that under clause 4.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers’ Union (AWU) (the organisations), bargaining representatives for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 14 August 2025 and, in accordance with s 54, will operate from 21 August 2025. The nominal expiry date of the Agreement is 14 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Australia Pty Ltd has applied to the Fair Work Commission for the approval of a single-enterprise agreement, the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025. The agreement is intended to govern the terms and conditions of employment for certain employees within the oil and gas industry. The Commission, represented by Commissioner Lim, is tasked with determining whether the agreement meets the legal criteria for approval under the Fair Work Act 2009.

The central legal issue for the Commission to address was whether the agreement had been genuinely agreed upon by the relevant parties, in compliance with the Fair Work Act 2009. The Commissioner considered whether the minor technical errors in the agreement's title affected the genuineness of the agreement and whether the employees covered by the agreement were disadvantaged by these errors. Another issue was the consistency of the agreement with the National Employment Standards, specifically regarding the requirement for employees to work on public holidays.

Upon review, the Commissioner found that the minor technical errors did not undermine the genuineness of the agreement, as the employees were not disadvantaged by these discrepancies. The Commissioner also determined that the agreement's provisions on public holidays were superseded by the more beneficial entitlements provided under the National Employment Standards. Additionally, the bargaining representatives for the agreement had declared their intention for the agreement to cover them, and the Commissioner confirmed their coverage under the agreement.

The Fair Work Commission approved the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025, effective from 21 August 2025. The agreement will remain in force until 14 August 2029, unless terminated earlier in accordance with its provisions or the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established