Ventia Australia Pty Ltd
[2025] FWCA 3411
•13 OCTOBER 2025
| [2025] FWCA 3411 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Australia Pty Ltd
(AG2025/3251)
VENTIA WA FIRE COMMUNICATION OFFICER ENTERPRISE AGREEMENT 2025
| Defence support | |
| COMMISSIONER LIM | PERTH, 13 OCTOBER 2025 |
Application for approval of the Ventia WA Fire Communication Officer Enterprise Agreement 2025
Ventia Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Ventia WA Fire Communication Officer Enterprise Agreement 2025 (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.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
a)Clause 9.1 and 12.1 of the Agreement provide for 42 ordinary hours per week. This appears inconsistent with s 62(1) of the Act.
b)Clause 16.1 of the Agreement contains an exhaustive list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s 115(1)(b) of the Act.
c)Clause 17.1 of the Agreement provides annual leave in days and hours rather than weeks per s 87(1) of the Act. Additionally, clause 17.3 provides that annual leave will be deducted at 6 hours per day. However, as full time employees work 42 hours per week, their ordinary hours per day may be greater than 6 hours. This may be inconsistent with s 90(1) of the Act which states that if an employee takes a period of paid annual leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
d)Clause 18.2 of the Agreement provides that a full time employee is entitled to 10 days of paid personal/carer’s leave which is converted to an hourly entitlement of 84 hours, with clause 18.3 providing that the leave will be deducted at a rate of 6 hours per shift. However, as full time employees work 42 hours per week, their ordinary hours per day may be greater than 6 hours. This may be inconsistent with s 96(2) of the Act which states that an employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work and accumulates from year to year. Section 99 of the Act also states that if an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
However, I am satisfied that under clause 4 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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 26A of the Miscellaneous Award 2020 is taken to be a term of the Agreement.
The Transport Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 13 October 2025 and, in accordance with s 54, will operate from 20 October 2025. The nominal expiry date of the Agreement is 12 March 2027.
COMMISSIONER
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ANNEXURE A
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