Ventia Australia Pty Ltd

[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

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.

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.

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.

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

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.

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.

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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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Ventia Australia Pty Ltd for the approval of the Ventia Australia Pty Ltd (SA Rail) Enterprise Agreement 2024. The agreement, negotiated between the company and the Rail, Tram and Bus Industry Union, governs employment conditions for certain employees within the company's South Australian operations. The Union sought to have the agreement certified as a lawful and valid enterprise agreement under the Fair Work Act 2009. The company argued that the agreement was the product of genuine bargaining and met all the legal requirements for approval.

The key legal issues before the Commission involved whether the agreement was made in good faith, whether it contained the necessary provisions, and whether it was free from prohibited content. The Union argued that the agreement was the result of genuine bargaining and included all the mandated provisions. The company emphasised that the agreement was comprehensive and inclusive of all necessary terms. The Commission had to consider whether the agreement was made in accordance with the principles of freedom of association and protected action, and whether it complied with the formal requirements set out in the Fair Work Act.

The Commission examined the evidence presented by both parties, including the bargaining process, the terms of the agreement, and any objections raised. It considered whether the agreement was the result of genuine negotiations and whether it contained all the mandatory provisions required by law. The Commission found that the agreement was made in good faith and included all necessary provisions. It also found that the agreement was free from prohibited content and complied with the formal requirements. Consequently, the Commission approved the agreement as a lawful and valid enterprise agreement.

The final order of the Commission was that the Ventia Australia Pty Ltd (SA Rail) Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The decision confirms the validity of the agreement and ensures that the parties can proceed with its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established