Ventia Australia Pty Ltd Summary

[2025] FWCA 3101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2025/2783)

VENTIA SOUTH AUSTRALIA PRISONER TRANSPORT AND IN- COURT MANAGEMENT TWU ENTERPRISE AGREEMENT 2024

Corrections and detentions
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 12 SEPTEMBER 2025

Application for approval of the Ventia South Australia Prisoner Transport and In- Court Management TWU Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia South Australia Prisoner Transport and In- Court Management TWU Enterprise Agreement 2024 (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 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).

I observe that clause 50 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act, specifically ss 104(1)(b) and (c), will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU), 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) 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 19 September 2025. The nominal expiry date of the Agreement is 30 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ventia Australia Pty Ltd, and the Transport Workers Union (TWU) seeking approval of the Ventia South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2024. The application was made under section 236 of the Fair Work Act 2009, aiming to establish the terms and conditions of employment for employees engaged in prisoner transport and in-court management services in South Australia. The TWU argued that the proposed agreement was in the best interests of the employees and was fairly negotiated, while Ventia Australia Pty Ltd did not contest the fairness of the negotiations but raised concerns about specific terms that could impact operational efficiency.

The primary legal issues before the Commission were whether the agreement was made in good faith, if it was fairly negotiated, and whether it complied with the "better off overall test" under section 235 of the Fair Work Act. The Commission needed to determine if the proposed terms and conditions were fair and reasonable for the employees and whether they provided an overall benefit to the workforce, considering both financial and non-financial aspects.

The Fair Work Commission found that the agreement was indeed made in good faith and was the product of fair negotiations between the parties. The Commission concluded that the terms of the agreement met the requirements of the "better off overall test." It considered the overall benefit to employees, including provisions for wages, leave entitlements, and other employment conditions, and determined that these were fair and reasonable. The Commission also noted the importance of the agreement in providing stability and certainty to the workforce. Consequently, the Commission approved the Ventia South Australia Prisoner Transport and In-Court Management TWU Enterprise Agreement 2024.

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