Ventia Australia Pty Ltd
[2025] FWCA 322
•28 JANUARY 2025
| [2025] FWCA 322 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ventia Australia Pty Ltd
(AG2024/5140)
VENTIA (BASE SERVICES) SA ENTERPRISE AGREEMENT 2023
| Defence industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 28 JANUARY 2025 |
Application for approval of the Ventia (Base Services) SA Enterprise Agreement 2023
Introduction
Ventia Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ventia (Base Services) SA Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Agreement will apply to employees who are covered by either the Hospitality Industry (General) Award 2020 (Hospitality Award), Gardening and Landscaping Services Award 2020 (Gardening Award), Road Transport and Distribution Award 2020 (Road Transport Award), Fitness Industry Award 2020 (Fitness Award), Miscellaneous Award 2020 (Miscellaneous Award), Cleaning Services Award 2020 (Cleaning Services Award) or the General Retail Industry Award 2020 (Retail Award).
Better off Overall Test (BOOT) Issues
The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the relevant Award:
Clause 17.3 of the Agreement provides that overtime on Saturday is time and one half for the first 2 hours and double time thereafter. Clause 28.4 of the Hospitality Award provides that overtime paid at 200% of the ordinary rate. Depending on the roster pattern, employees may not be compensated for this reduction.
Clause 13.2 of the Agreement provides a span of hours between 6 am and 7 pm for Pool and Recreation Stream employees which is inconsistent with Schedule D, clause 1 which outlines that overtime will be paid after 8 pm indicating that the span may extend to 8 pm rather than 7 pm.
Schedule E, clause 1(a) of the Agreement states that part time workers shall work at ordinary time rates until they complete 38 hours in the week, and they shall then be entitled to overtime rates as set out in clause 17. This appears to be inconsistent with Schedule E, clause 5 of the Agreement which states part time employees working in excess of their agreed hours will be paid at overtime rates. Clause 19.1(b) of the Miscellaneous Award provides that a part-time employee will receive overtime when working outside of their agreed hours.
Schedule F, clause 8 of the Agreement states that overtime for casual employees on Monday to Fridays is 165% for the first 2 hours and 215% thereafter. In contrast, Clause 19.3 of the Cleaning Services Award is 175% for the first 2 hours and 225% thereafter. Depending on the roster patterns, employees may not be better off.
Section 190 Undertakings
The employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached in Schedule I. 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The United Workers Union (UWU) 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 UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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