DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Ltd
(AG2021/96)

VENTIA MINING & INDUSTRIAL (CENTRAL) ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 FEBRUARY 2021

Application for approval of the Ventia Mining & Industrial (Central) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Mining & Industrial (Central) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2021. The nominal expiry date of the Agreement is 10 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Australia Pty Ltd applied to the Fair Work Commission for the approval of the Ventia Mining & Industrial (Central) Enterprise Agreement 2021. The application followed the conclusion of negotiations between the company and the relevant trade union. The dispute centred around the terms of the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including ensuring it provided for the proper operation of businesses and protected the rights of employees.

The central legal issues before the Commission were whether the agreement complied with the Act and whether it provided for the proper operation of businesses, including ensuring procedural fairness. The Commission examined the negotiation process, the terms of the agreement, and their impact on the parties involved. A significant aspect of the review was ensuring the agreement provided for procedural fairness, particularly in its dispute resolution mechanisms.

The Commission found that the agreement met the statutory requirements and was in the public interest. It determined that the negotiation process was fair and that the terms of the agreement were reasonable and balanced. The Commission noted that the agreement provided for procedural fairness, including adequate dispute resolution mechanisms. The Commission also considered the economic and social implications of the agreement, concluding that it would not have an adverse effect on the proper operation of businesses or the rights of employees. The Commission approved the agreement, finding it to be in the public interest and compliant with the Act.

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