Ventia Australia Pty Ltd Summary

[2021] FWCA 6397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ventia Australia Pty Ltd
(AG2021/7797)

BROADSPECTRUM MOBIL ALTONA REFINERY MECHANICAL CONSTRUCTION/MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 OCTOBER 2021

Application for variation of the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020

[1] An application has been made for approval of a variation to the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance 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 to vary the Broadspectrum Mobil Altona Refinery Mechanical Construction/Maintenance Enterprise Agreement 2020. The application was heard by the Fair Work Commission, with Commissioner Deller presiding. The applicant sought to alter various provisions of the Enterprise Agreement, including those related to pay rates, conditions of employment, and procedural matters. The Fair Work Commission was required to determine whether the application met the criteria for variation as set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the proposed changes were in the interests of the employees, whether the process for consultation with the employees was appropriate, and whether the applicant had made a genuine attempt to resolve the dispute through bargaining.

The Fair Work Commission found that the application met the criteria for variation. The Commission noted that the proposed changes were intended to address issues that had arisen since the Enterprise Agreement was signed, including changes in the economic environment and the impact of the COVID-19 pandemic. The Commission also found that the applicant had undertaken an appropriate process of consultation with the employees, including providing them with detailed information about the proposed changes and allowing them to provide feedback. In addition, the Commission found that the applicant had made a genuine attempt to resolve the dispute through bargaining, but that this had been unsuccessful. The Fair Work Commission therefore determined that the application should be granted, and varied the Enterprise Agreement accordingly.

The final orders of the Fair Work Commission included changes to the pay rates and conditions of employment for employees covered by the Enterprise Agreement. The Commission also made changes to the procedural provisions of the agreement, including those relating to dispute resolution and consultation. The orders were effective from the date of the decision, and the applicant was required to give notice of the changes to the affected employees. The decision of the Fair Work Commission is a useful reminder of the process that must be followed when seeking to vary an enterprise agreement, and the importance of undertaking an appropriate process of consultation with employees.

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