Ventia Australia Pty Ltd

[2025] FWCA 727

[2025] FWCA 727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ventia Australia Pty Ltd

(AG2024/4728)

VENTIA AUSTRALIA PTY LTD (SA RAIL) ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER THORNTON	ADELAIDE, 25 FEBRUARY 2025

Application for approval of the Ventia Australia Pty Ltd (SA Rail) Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Ventia Australia Pty Ltd (SA Rail) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) provided to the employees was not in the prescribed form. It is in the form as prescribed prior to 6 June 2023. Further, the NERR distributed to employees appears to have a different title for the Agreement, that title being ‘Ventia SA Rail Enterprise Agreement 2024’. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by section 188(5) of the Act to disregard the minor technical error.

1. The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009(Cth). An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that part-time work is not a reasonably foreseeable type of employment to be offered by the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the types of employment offered at a later time.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Rail, Tram and Bus Industry Union (ARTBIU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the ARTBIU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 4 March 2025. The nominal expiry date of the Agreement is 18 August 2027.

COMMISSIONER

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