Ventia Australia Pty Ltd Summary

[2025] FWCA 1501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2025/1154)

VENTIA MORNINGTON PENINSULA SHIRE AND OTHER CLIENTS ENTERPRISE AGREEMENT 2024

Gardening services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 6 MAY 2025

Application for approval of the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Ventia Australia Pty Ltd. The Agreement is a single enterprise agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term in the Gardening and Landscaping Services Award 2020 is taken to be a term of the Agreement.

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.

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 Australian Municipal, Administrative, Clerical and Services Union (ASU), being the 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. The ASU supports approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2025. The nominal expiry date of the Agreement is 6 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Ventia Australia Pty Ltd, the applicant, sought approval of the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2024. The application was made under section 232 of the Fair Work Act 2009, and the relevant dispute concerned the terms and conditions of employment for workers within the company's operations. The dispute was heard by the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The central legal issues before the Commission involved whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. Key points of contention included whether the agreement provided for appropriate minimum terms and conditions, whether it allowed for fair and meaningful consultation with employees, and whether it met the "better off overall test" to ensure that no employee would be worse off under the new agreement. Additionally, the Commission needed to determine whether the agreement was free from prohibited content, such as clauses that would undermine industrial harmony or worker protections.

The Fair Work Commission, in its deliberations, examined the proposed agreement's provisions and the process through which it was negotiated. The Commission considered submissions from both the applicant and other stakeholders, including employee representatives. Ultimately, the Commission concluded that the agreement met the necessary legislative standards, providing adequate protections and benefits for the employees while also meeting the statutory requirements for approval. The Commission was satisfied that the agreement was free from prohibited content and would not lead to a detriment for any employee, thus passing the "better off overall test." Consequently, the Commission approved the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2024.

The final orders of the Commission were that the enterprise agreement, as submitted by Ventia Australia Pty Ltd, was approved effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will govern the employment relationship between the company and its employees in the specified area. The decision was communicated to the parties, and the agreement came into effect as per its stipulated commencement date.

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