Ventia Australia Pty Ltd Summary

[2025] FWCA 2007

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Ltd

(AG2025/1653)

VENTIA FACILITIES MAINTENANCE (PORT KEMBLA) ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 17 JUNE 2025

Application for approval of the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2025

An application has been made by Ventia Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement was approved on 17 June 2025 and will operate from 24 June in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 24 June 2028.

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 Facilities Maintenance (Port Kembla) Enterprise Agreement 2025. The application followed a negotiation process that resulted in the proposed enterprise agreement. The matter was heard in the Commission's Sydney sittings. The key legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly focusing on the good faith bargaining, coverage, and compliance with the Fair Work (Registered Organisations) Act 2009.

The Commission assessed whether the parties had genuinely negotiated the agreement in good faith, whether the agreement covered all the employees intended, and whether the agreement complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been negotiated in good faith, covered the intended employees, and complied with the relevant legislation. The Commission approved the proposed agreement, ensuring that it would provide for the fair and equitable treatment of employees while balancing the interests of both the employer and the employees.

The Commission's decision to approve the agreement was based on its satisfaction that the negotiation process had been genuine and that the agreement met all the legislative requirements. The Commission also considered the benefits and protections provided to the employees under the agreement. The final orders included the approval of the Ventia Facilities Maintenance (Port Kembla) Enterprise Agreement 2025, which would now be applicable to the relevant employees and employers.

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