Ventia Australia Pty Ltd

[2022] FWCA 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2022/3633)

Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ventia and AWU Eastlink Maintenance Services 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australian Workers’ Union 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, will operate from 21 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ventia Australia Pty Ltd, sought approval of the Enterprise Agreement from the Fair Work Commission, which was to be applied to its employees represented by the Australian Workers' Union. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in accordance with the principles of procedural fairness. The case was heard by the Full Bench of the Fair Work Commission.

The legal issues before the Court included whether the Enterprise Agreement was appropriately negotiated and if it contained all the mandatory terms required by the Act. The Court also needed to consider whether the agreement was made without coercion, undue influence, or any other procedural irregularity. Additionally, the Commission had to assess whether the agreement met the genuine bargain test and if it was in the best interests of the employees.

The Full Bench found that the Enterprise Agreement was indeed a genuine bargain, as it contained all the mandatory terms required by the Act and was negotiated without any procedural irregularities. The Commission determined that the agreement was made in good faith and was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Court approved the agreement, emphasising the importance of fair and transparent negotiations in the enterprise bargaining process.

The Fair Work Commission approved the Ventia and AWU Eastlink Maintenance Services Enterprise Agreement 2022, subject to the conditions outlined in the decision. The approval was granted based on the determination that the agreement met all statutory requirements and was made in accordance with the principles of procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established