Ventia Australia Pty Ltd Summary

[2024] FWCA 1923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/1610)

VENTIA NT DEFENCE FACILITIES ENTERPRISE AGREEMENT 2022

Defence support
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2024

Application for approval of the Ventia NT Defence Facilities Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ventia NT Defence Facilities Enterprise Agreement 2022 (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 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Ventia Australia Pty Ltd applied for approval of the Ventia NT Defence Facilities Enterprise Agreement 2022. The agreement was between the company and the workers who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and whether the agreement was made in good faith and without coercion. The Commission also considered whether the agreement was in the best interests of the employees. The CFMEU opposed the application, arguing that the agreement did not provide adequate protections for employees.

The Commission found that the agreement did not adequately protect employees' entitlements, particularly in relation to redundancy payments and termination of employment. The Commission noted that the agreement provided for the company to terminate an employee's employment by giving 12 months' notice, which was not in line with the common law principles of notice of termination. The Commission also found that the agreement did not provide adequate protections for employees in the event of redundancy. The Commission concluded that the agreement did not meet the requirements of the Fair Work Act and was not in the best interests of the employees.

The Commission refused to approve the agreement. The Commission ordered that the application be dismissed and that the agreement be returned to the parties for further negotiation.

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