DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia (Australia) Pty Ltd
(AG2021/5065)

VENTIA (AUSTRALIA) PTY LIMITED DEFENCE BASE SERVICES VICTORIAN STORES ENTERPRISE AGREEMENT 2021

Storage services
COMMISSIONER JOHNS	SYDNEY, 7 JUNE 2021

Application for approval of the Ventia (Australia) Pty Limited Defence Base Services Victorian Stores Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ventia (Australia) Pty Limited Defence Base Services Victorian Stores Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] 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.

[4] The United Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia (Australia) Pty Ltd sought approval for the Defence Base Services Victorian Stores Enterprise Agreement 2021. The respondent, the Australian Council of Trade Unions, raised objections to the proposed agreement, contending that it did not sufficiently protect employee entitlements and conditions. The Commission was tasked with examining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided adequate protection of employee rights and if it complied with the provisions of the Fair Work Act. The Commission needed to assess if the agreement included terms that met the statutory minimum entitlements and if it adhered to the procedural requirements for enterprise agreements. Additionally, the Commission considered whether the agreement had been fairly negotiated and if it provided for a proper process for resolving disputes.

The Commission examined the terms of the agreement in detail, focusing on whether they met the minimum standards set by the Fair Work Act. It considered the provisions regarding wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement included terms that complied with the statutory minimum entitlements and adhered to the procedural requirements for enterprise agreements. It also concluded that the agreement had been fairly negotiated and provided for an appropriate process for resolving disputes. Consequently, the Commission approved the agreement, finding it met the necessary standards for endorsement.

The Fair Work Commission approved the Defence Base Services Victorian Stores Enterprise Agreement 2021, subject to the conditions outlined in the decision. The approval was contingent on the agreement being registered with the Fair Work Commission, and the parties were directed to take all necessary steps to ensure compliance with the terms of the approved agreement.

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