Ventia Australia Pty Ltd Summary

[2024] FWCA 4608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/4656)

VENTIA AUSTRALIA PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 20 DECEMBER 2024

Application for approval of the Ventia Australia Pty Ltd Pilbara Region Enterprise Agreement 2024.

Ventia Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Ventia Australia Pty Ltd Pilbara Region Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

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 36A of the Building and Construction General On‐site Award 2020 is taken to be a term of the Agreement.

The Agreement was approved on 20 December 2024 and, in accordance with s 54, will operate from 27 December 2024. The nominal expiry date of the Agreement is 20 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Australia Pty Ltd applied to the Fair Work Commission for approval of the Ventia Australia Pty Ltd Pilbara Region Enterprise Agreement 2024. The applicant argued that the agreement was made in good faith, contained appropriate provisions for employee protection, and complied with the relevant legislative requirements. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about certain provisions of the agreement.

The legal issues before the Commission included whether the agreement was genuinely made in good faith, whether it provided for adequate employee protections, and whether it complied with the relevant legislative framework. The Commission had to consider the submissions from both parties and relevant legislative provisions, including those from the Fair Work Act 2009.

The Commission found that the agreement was made in good faith and contained appropriate employee protection provisions. It also found that the agreement complied with the relevant legislative requirements. The Commission rejected the CFMEU's arguments and approved the enterprise agreement. The Commission emphasised that the agreement included provisions for fair work, health and safety, and adequate consultation mechanisms.

The Fair Work Commission approved the Ventia Australia Pty Ltd Pilbara Region Enterprise Agreement 2024. The Commission found that the agreement was made in good faith, provided for appropriate employee protections, and complied with the relevant legislative requirements. The decision was made on the basis of the evidence and submissions presented by both parties, and the Commission's assessment of the agreement against the relevant legal framework.

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