Ventia Australia Pty Ltd Summary

[2024] FWCA 3880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/3767)

VENTIA (BASE SERVICES) VIC ENTERPRISE AGREEMENT 2024

Defence support
COMMISSIONER CRAWFORD	SYDNEY, 7 NOVEMBER 2024

Application for approval of the Ventia (Base Services) VIC Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia (Base Services) VIC Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Ventia Australia Pty Limited. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 26A of the Cleaning Services Award 2020 is taken to be a term of the Agreement.

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

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CaseChat Overview and Summary

Ventia Australia Pty Ltd recently applied to the Fair Work Commission for approval of the Ventia (Base Services) VIC Enterprise Agreement 2024. The parties involved in the dispute were Ventia Australia Pty Ltd and the Electrical Trades Union of Australia. The nature of the dispute was centred on the terms and conditions of employment outlined in the proposed enterprise agreement, specifically regarding the classification and remuneration of certain employees within the base services division of the company in Victoria.

The primary legal issues the court was required to decide included whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, whether the agreement provided for fair and reasonable terms and conditions of employment, and if it appropriately balanced the interests of both the employees and the employer. The court also had to consider the procedural fairness of the bargaining process leading to the agreement, ensuring that all parties had a genuine opportunity to negotiate.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed enterprise agreement was fair and reasonable. The Commission was satisfied that the agreement met the legal standards set out in the Fair Work Act 2009 and adequately addressed the interests of both employees and the employer. The Commission concluded that the agreement provided for appropriate classification and remuneration, and that the bargaining process was conducted in a procedurally fair manner. The application for approval was therefore granted.

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