Ventia Australia Pty Ltd

[2024] FWCA 3600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/3577)

VENTIA PLANT MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2024

Application for approval of the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2024

Ventia Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU, the AWU, the CEPU and the CFMEU.

The Agreement was approved on 15 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Australia Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2024. The application was brought by the employer, Ventia, and the union, the Australian Manufacturing Workers’ Union. The dispute centred around the terms and conditions of employment for the workers at the Port Kembla plant, including wages, hours of work, and other employment-related matters.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was free from coercion and undue influence, and whether it was certified by a certified bargaining representative. The Commission also needed to consider whether the agreement was consistent with the national minimum standards set out in the Fair Work Act.

In reaching its decision, the Commission noted that the agreement was the result of good faith negotiations between the parties. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was free from coercion and undue influence. The Commission also found that the agreement was certified by a certified bargaining representative and that it was consistent with the national minimum standards. The Commission was satisfied that the agreement met all the statutory requirements for approval and therefore approved the agreement.

The final orders of the Commission were that the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Commission and would have effect from the date of registration. The orders also provided for the agreement to be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established