DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Ltd
(AG2021/5743)

VENTIA PLANT MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 22 JULY 2021

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

[1] Ventia Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[6] The AMWU, AWU and CEPU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU, AWU and CEPU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 29 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ventia Australia Pty Ltd, which sought approval for the Ventia Plant Maintenance (Port Kembla) Enterprise Agreement 2021. The agreement was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions did not adequately protect employees' rights and entitlements. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues centred around whether the enterprise agreement provided for the minimum terms and conditions required by law, including provisions for minimum wages, leave entitlements, and procedural fairness. The Commission also had to consider whether the agreement complied with procedural requirements, such as proper consultation with the relevant union and adequate notice to employees. The Commission examined the submissions from both parties and the evidence provided, focusing on whether the agreement met the statutory standards for approval.

In its decision, the Fair Work Commission found that the agreement largely complied with the legal requirements, notwithstanding some minor deficiencies. The Commission noted that while there were issues with the notice provisions and certain procedural matters, these did not significantly detract from the overall fairness of the agreement. The Commission emphasised the importance of adequate consultation and the need for clear communication of rights and entitlements to employees. Ultimately, the Commission approved the agreement, subject to certain modifications to address the identified issues.

The final orders included the approval of the enterprise agreement, with specific amendments to the notice provisions and procedural requirements. The Commission directed both parties to implement these changes and to ensure compliance with the modified agreement going forward. The decision highlights the importance of careful drafting and consultation in the creation of enterprise agreements, ensuring they meet both statutory and fairness criteria.

Ventia Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established