Ventia Australia Pty Ltd

[2021] FWCA 6396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ventia Australia Pty Ltd
(AG2021/7800)

BROADSPECTRUM MOBIL ALTONA REFINERY BUILDING AND CONSTRUCTION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 OCTOBER 2021

Application for variation of the Broadspectrum Mobil Altona Refinery Building & Construction Enterprise Agreement 2020

[1] An application has been made for approval of a variation to the Broadspectrum Mobil Altona Refinery Building & Construction Enterprise Agreement 2020 (the Agreement). The application was made by Ventia Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

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

[5] In accordance with s.216 of the Act, the variation operates from 25 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ventia Australia Pty Ltd, sought a variation of the Broadspectrum Mobil Altona Refinery Building & Construction Enterprise Agreement 2020. The dispute arose due to a disagreement between the applicant and the union representatives regarding the implementation of the new agreement. The case was heard in the Fair Work Commission.

The central legal issues before the Commission involved the interpretation of the enterprise agreement and the process for implementing changes. Specifically, the applicant argued that certain provisions of the agreement were ambiguous and required clarification to ensure smooth implementation. The union representatives, on the other hand, contended that the existing terms were clear and that any changes should not be made without mutual agreement.

The Commission examined the language of the agreement and considered the objectives and context of the negotiations. It found that some provisions were indeed ambiguous and could lead to practical difficulties in implementation. The Commission determined that it was appropriate to make certain clarifications to ensure the smooth operation of the agreement. As such, the application for variation was granted in part, with specific clarifications made to the ambiguous provisions.

The Fair Work Commission ordered that the Broadspectrum Mobil Altona Refinery Building & Construction Enterprise Agreement 2020 be varied to include the specified clarifications. The union representatives were required to implement these changes in accordance with the decision. The applicant was also directed to provide written confirmation of the agreed variations to the Commission within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established