Ventia Australia Pty Ltd
[2025] FWCA 1895
•6 JUNE 2025
| [2025] FWCA 1895 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Ventia Australia Pty Ltd
(AG2025/1554)
VENTIA DEFENCE STORES SYDNEY AND CENTRAL NORTHERN NSW AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 6 JUNE 2025 |
Application for approval of the Ventia Defence Stores Sydney and Central Northern NSW Agreement 2024
An application has been made by Ventia Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the Ventia Defence Stores Sydney and Central Northern NSW Agreement 2024 (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.
I note that clause 14.2 of the Agreement appears to provide that in the case of termination, if employees do not give the required notice, the Employer may withhold from any monies due, an amount not exceeding the amount the employee would have been paid under the Agreement in respect of the period of notice. The clause does not limit the source of monies which may be deducted. The effect of this is that the clause appears to permit the employer to withhold monies owing to the employee contrary to the National Employment Standards (NES). This raises a concern that the clause may not meet the, the test in s. 186(2)(c) which requires that the Agreement not contravene the NES. I am satisfied however that as the Agreement also includes an NES precedence provision (clause 6) which provides that the Agreement will be read with the NES and where there is any inconsistency the NES will apply s. 186(2)(c) is satisfied.
Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.
Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
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 Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates’ rights, in the Storage Services and Wholesale Award 2020 is to be taken to be a term of the Agreement.
The United Workers Union (UWU) 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 UWU
The Agreement was approved on 6 June 2025 and will operate from 13 June 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 November 2026.
DEPUTY PRESIDENT
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