Ventia Australia Pty Ltd Summary

[2022] FWCA 4512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Ventia Australia Pty Ltd

(AG2022/4930)

Broadspectrum (Australia) Pty Ltd and the United Firefighters’ Union of Australia SA Fire Rescue Services Enterprise Agreement 2019

Fire fighting services
COMMISSIONER LEE	MELBOURNE, 21 DECEMBER 2022

Application for variation of the Broadspectrum (Australia) Pty Ltd and the United Firefighters’ Union of Australia SA Fire Rescue Services Enterprise Agreement 2019

An application has been made for approval of a variation to the Broadspectrum (Australia) Pty Ltd and the United Firefighters’ Union of Australia SA Fire Rescue Services Enterprise Agreement 2019 (the Agreement). The application was made by Ventia Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
3 July 2019. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 21 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Ventia Australia Pty Ltd, Broadspectrum (Australia) Pty Ltd, and the United Firefighters' Union of Australia SA Fire Rescue Services. The parties contested a dispute regarding the variation of the Broadspectrum (Australia) Pty Ltd and the United Firefighters' Union of Australia SA Fire Rescue Services Enterprise Agreement 2019. The Fair Work Commission heard the case, tasked with determining the appropriateness of modifying the existing enterprise agreement.

The central legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement constituted a minor variation. The Commission needed to assess whether the modifications fell within the parameters of minor variations as outlined in the Fair Work Act 2009. This required a detailed examination of the changes' impact on employees' conditions and the overall fairness of the proposed alterations.

In delivering its decision, the Fair Work Commission carefully evaluated the evidence and submissions from both parties. The Commission found that the proposed changes did indeed constitute minor variations, as they did not significantly alter the fundamental conditions of employment or adversely impact the employees' rights. The Commission concluded that the variations were procedurally and substantively fair, and therefore, approved the modifications to the enterprise agreement.

The Fair Work Commission issued an order approving the variation of the enterprise agreement as proposed by Broadspectrum (Australia) Pty Ltd and the United Firefighters' Union of Australia SA Fire Rescue Services. The decision was made in accordance with the principles of fairness and minor variation as defined under the Fair Work Act 2009.

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