| [2024] FWCA 1949 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ventia Australia Pty Ltd
(AG2024/1365)
VENTIA (AIRTRAIN CUSTOMER SERVICE) ENTERPRISE AGREEMENT 2023
| Rail industry | |
| COMMISSIONER TRAN | MELBOURNE, 30 MAY 2024 |
Application for approval of the Ventia (Airtrain Customer Service) Enterprise Agreement 2023
Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as the Ventia (Airtrain Customer Service) Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).
The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that Clause 25(b) may be inconsistent with the National Employment Standards as the clause imposes more stringent notice requirements than those required by s 107 of the Act. Given the undertaking provided by the Employer, the notice requirements at s 107 of the Act will apply.
Subject to the undertakings and other matters 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.
The Australian Rail, Tram and Bus Industry Union, 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 organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 June 2024.
In accordance with Clause 5, the nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
- AGLC
- Ventia Australia Pty Ltd [2024] FWCA 1949
- Case
- [2024] FWCA 1949
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and whether it contained any terms that would undermine the safety, health, or welfare of employees. The Commission needed to determine whether the agreement was a "genuine" enterprise agreement, considering factors such as the extent of employee and employer consultation and the representation of employees in the bargaining process.
The Commission found that the agreement was genuinely negotiated between the parties, with adequate consultation processes and representative employee involvement. The proposed terms were considered fair and reasonable, meeting the criteria under the Fair Work Act. The Commission also determined that the agreement did not undermine the safety, health, or welfare of employees. Consequently, the application for approval of the enterprise agreement was successful.
The Fair Work Commission approved the Ventia (Airtrain Customer Service) Enterprise Agreement 2023, confirming that it complied with the relevant provisions of the Fair Work Act. The agreement, which includes terms regarding wages, working conditions, and dispute resolution, will now apply to the employees of Ventia Australia Pty Ltd.
Orders
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Background
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Evidence
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