Ventia Australia Pty Ltd

[2023] FWCA 1185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2023/1025)

APPLICATION FOR APPROVAL OF THE VENTIA (VIVA ENERGY CLYDE / GORE BAY SITES - NSW) ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 26 APRIL 2023

Application for approval of the Ventia (Viva Energy Clyde / Gore Bay Sites - NSW) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the VENTIA (VIVA ENERGY CLYDE / GORE BAY SITES - NSW) 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given 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 that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2023. The nominal expiry date of the Agreement is 2 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ventia Australia Pty Ltd and its employees, represented by the United Voice union. The central dispute pertained to the application for approval of the Ventia (Viva Energy Clyde / Gore Bay Sites - NSW) Enterprise Agreement 2022. This agreement was pivotal as it sought to govern the terms and conditions of employment for the employees at the mentioned sites. The Fair Work Commission was tasked with evaluating the fairness of the proposed agreement under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural fairness requirements set forth in the Fair Work Act, and whether it was a "genuine" agreement in the terms of the Act. This involved scrutinising the process of bargaining and the content of the agreement to ensure it met the statutory criteria for approval. The Commission had to consider if there was proper representation of the employees, the adequacy of the bargaining process, and whether the agreement provided for fair and reasonable terms.

The Commission found that the bargaining process was conducted fairly and in good faith, with appropriate representation and genuine agreement between the parties. The agreement was deemed to comply with the procedural fairness requirements and met the criteria for approval under the Act. It was also found to provide for fair and reasonable terms, addressing the needs of both the employees and the employer. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission granted approval for the Ventia (Viva Energy Clyde / Gore Bay Sites - NSW) Enterprise Agreement 2022, recognising it as a genuine agreement that met the statutory requirements. The approval ensures that the agreement will now govern the employment conditions for the employees at the specified sites, providing a framework for industrial relations in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established