Ventia Australia Pty Ltd

[2022] FWCA 367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Ltd
(AG2021/9351)

VENTIA FACILITIES MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 7 FEBRUARY 2022

Application for approval of the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2021.

[1] Ventia Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2021 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 14 February 2022. The nominal expiry date of the Agreement is 14 February 2025.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Australia Pty Ltd, an employer, applied for the approval of the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2021. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess if the agreement was made in good faith, whether it provided for a fair and reasonable safety net of minimum entitlements, and if it complied with the procedural fairness requirements.

The employer argued that the agreement was made in good faith and provided for a fair and reasonable safety net of minimum entitlements. The union, which represented the employees, contested the employer's position, asserting that certain provisions of the agreement did not meet the legislative standards. The court considered the arguments from both parties and reviewed the agreement's provisions against the statutory criteria.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act 2009. The court concluded that the agreement was made in good faith, provided for a fair and reasonable safety net of minimum entitlements, and complied with procedural fairness. The employer's application for approval of the agreement was therefore successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established