Ventia Australia Pty Ltd

[2025] FWCA 1179

[2025] FWCA 1179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2025/709)

VENTIA DEFENCE STORES RIVERINA MURRAY VALLEY AGREEMENT 2024

Storage services
COMMISSIONER ALLISON	MELBOURNE, 14 APRIL 2025

Application for approval of the Ventia Defence Stores Riverina Murray Valley Agreement 2024

1. Ventia Australia 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 Ventia Defence Stores Riverina Murray Valley Agreement 2024 (the Agreement).

1. The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the United Workers’ Union.

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Under s.205A(2), the workplace delegates’ rights term in Clause 29A of the Storage Services and Wholesale Award (the Award) is taken to be a term of the Agreement.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 14.2, relating to deductions on termination, may allow the Employer to withhold monies owing to an employee under the NES.

• Clause 12.10.2, relating to security clearance and licence requirements, may allow the Employer to terminate an employee without notice, inconsistent with s.117 of the act.

• Clause 14.4 relating to abandonment of employment, is unclear as to whether an employee will receive their entitled notice of termination under the NES when the employee has abandoned their employment.

1. The Employer provided undertakings to address each of the above issues. Noting their undertakings and clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is silent in relation to minimum engagement and overtime for part-time employees, which are entitlements set out at Clause 10.3 and 10.6 of the Award respectively. The Employer provided an undertaking incorporating these entitlements into the Agreement to match the Award.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 17 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528597  PR785908>

Attachment A