Ventia Australia Pty Ltd Summary

[2025] FWCA 563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2025/261)

VENTIA (RAIL INFRASTRUCTURE MAINTENANCE SERVICES - AL) ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER SLOAN	SYDNEY, 12 FEBRUARY 2025

Application for approval of the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2024

Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Australian Rail, Tram and Bus Industry Union (NSW Branch) (“RTBU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The RTBU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the RTBU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 19 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Ventia Australia Pty Ltd, an employer, and various unions representing employees, which together form the relevant bargaining group. The dispute centred around the application for approval of the proposed enterprise agreement for rail infrastructure maintenance services, known as the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2024. The application was brought before the Fair Work Commission, Australia's independent statutory authority, to ensure compliance with the Fair Work Act 2009.

The legal issues that the Commission had to address involved whether the proposed agreement met the "better off overall test" (BOOT) under the Fair Work Act, which requires that employees should not be worse off financially or in terms of conditions compared to their previous agreement. The Commission also had to verify whether the agreement contained the mandatory terms as required by the Fair Work Act, and whether the agreement was certified by an independent certifier. Additionally, the Commission examined whether the agreement was made in good faith and whether proper procedures were followed during its negotiation.

The Fair Work Commission carefully reviewed the agreement, taking into account the submissions from both the employer and the unions. The Commission found that the proposed agreement met the BOOT, as employees would not be worse off financially or in terms of conditions. The Commission also confirmed that the agreement contained all the mandatory terms and was certified by an independent certifier. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the proper procedures were followed during its negotiation. Based on these findings, the Commission approved the application and registered the enterprise agreement.

Consequently, the Fair Work Commission approved the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement 2024, which now serves as the legally binding agreement between the employer and the employees involved in rail infrastructure maintenance services.

Ventia Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established