Ventia Australia Pty Ltd Summary

[2024] FWCA 905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Ltd

(AG2024/430)

VENTIA WA DEFENCE BASE TRANSPORT ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 MARCH 2024

Application for approval of the Ventia WA Defence Base Transport Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Ventia WA Defence Base Transport Enterprise Agreement 2023 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Ventia Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]

The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 March 2024. The nominal expiry date of the Agreement is 1 December 2026.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.

[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023

Printed by authority of the Commonwealth Government Printer

Ventia Australia Pty Ltd recently appeared before the Fair Work Commission (FWC) to seek approval for the Ventia WA Defence Base Transport Enterprise Agreement 2023. The dispute involved the terms of the proposed agreement, which was intended to govern the employment conditions of certain workers employed at the Defence Base in Western Australia. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement provided for a fair and reasonable balance between the interests of the employer and the employees. Key considerations included whether the agreement contained provisions that met the minimum entitlements prescribed by the Act, and whether the agreement had been made in good faith and without coercion. The Commission also needed to assess whether the agreement would have a detrimental effect on the employees it sought to cover.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement against the statutory requirements set out in the Fair Work Act. The Commission noted that the agreement provided for wages and conditions that were at least as favourable as those provided for in the relevant award, and it found that the agreement had been made in good faith. The Commission concluded that the proposed agreement did not have a detrimental effect on the employees and was, therefore, suitable for approval.

As a result, the Fair Work Commission approved the Ventia WA Defence Base Transport Enterprise Agreement 2023. The decision confirms that the agreement is now legally binding on the parties involved and will govern the employment conditions of the affected workers. This decision provides clarity for both the employer and employees regarding their rights and obligations under the new agreement.

Ventia Australia Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established