Ventia Australia Pty Ltd Summary

[2023] FWCA 2109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ventia Australia Pty Ltd

(AG2023/1829)

VENTIA PROJECT SERVICES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 10 JULY 2023

Application for approval of the Ventia Project Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ventia Project Services 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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (‘Annexure A’). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. 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. Pursuant to s.201(3) 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 ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 7 of the Agreement provides that the Enterprise Agreement will be read and interpreted in conjunction with the National Employment Standards (NES) and that where there is an inconsistency between the Enterprise Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the AWU and the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 14 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Australia Pty Ltd recently appeared before the Fair Work Commission (FWC) to seek approval of the Ventia Project Services Enterprise Agreement 2023. The application for approval was made by the employer, Ventia Australia, on behalf of its employees covered by the proposed agreement. The nature of the dispute centred around the terms and conditions set forth in the proposed agreement and whether they complied with the requirements of the Fair Work Act 2009.

The legal issues before the FWC included whether the proposed agreement provided for terms and conditions of employment that were no worse off and better off (NWOB/NOB) than the applicable national award, and whether the agreement complied with the procedural requirements set out in the Fair Work Act. The FWC also had to consider whether the agreement provided for adequate protections for employees, particularly those in vulnerable positions, and whether the agreement was negotiated in good faith.

In its decision, the FWC found that the proposed agreement provided for terms and conditions that were no worse off and better off than the applicable national award. The FWC noted that the agreement included provisions for pay rates, penalty rates, leave entitlements, and other employment conditions that were at least as good as, if not better than, those provided for in the award. The FWC also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for good faith negotiations. The FWC was satisfied that the agreement provided adequate protections for employees and that the negotiation process was conducted in good faith. Consequently, the FWC approved the Ventia Project Services Enterprise Agreement 2023.

The FWC's final order was that the Ventia Project Services Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees covered by it, and the terms and conditions set out in the agreement will take precedence over the applicable national award. The approval of this agreement represents an important step forward in ensuring that employees in the project services industry have fair and equitable terms and conditions of employment.

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