Ventia Australia Pty Ltd Summary

[2024] FWCA 1926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/1612)

VENTIA SA DEFENCE FACILITIES ENTERPRISE AGREEMENT 2023

Defence support
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2024

Application for approval of the Ventia SA Defence Facilities Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ventia SA Defence Facilities Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Australia Pty Ltd. 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.

Subject to the undertakings 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 4 June 2024. The nominal expiry date of the Agreement is 28 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ventia Australia Pty Ltd, sought approval of the Ventia SA Defence Facilities Enterprise Agreement 2023. The dispute arose from the application to the Fair Work Commission, which was challenged by the Australian Services Union SA Branch. The Fair Work Commission was the tribunal responsible for hearing the application.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees, if it provided for the resolution of workplace disputes, and if it adhered to the process set out in the Fair Work Act. The court also had to consider the views of the Australian Services Union SA Branch, which opposed the application.

The court found that the agreement met the necessary criteria under the Fair Work Act. It considered the provisions of the agreement, the submissions from both parties, and the overall interests of the employees. The court determined that the agreement provided adequate mechanisms for dispute resolution and was in the best interests of the employees. The court also took into account the views of the union but concluded that the agreement was fair and reasonable. Therefore, the court approved the application and granted the necessary approval under the Fair Work Act.

The court ordered that the Ventia SA Defence Facilities Enterprise Agreement 2023 be approved, with the specific terms and conditions outlined in the agreement. The approval was subject to the agreement being registered with the Fair Work Commission. The decision effectively allowed the agreement to come into effect, governing the employment terms and conditions of the employees covered by the agreement.

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