Ventia Australia Pty Ltd T/A Ventia

[2021] FWCA 6070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Ltd T/A Ventia
(AG2021/7424)

VENTIA (AIRTRAIN MAINTENANCE) ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER SPENCER	BRISBANE, 30 SEPTEMBER 2021

Application for approval of the Ventia (Airtrain Maintenance) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ventia (Airtrain Maintenance) 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 T/A Ventia (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Rail, Bus and Tram 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 7 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Australia Pty Ltd, trading as Ventia, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, known as the Ventia (Airtrain Maintenance) Enterprise Agreement 2021, was intended to govern the terms and conditions of employment for certain employees involved in airtrain maintenance services. The application for approval arose as a result of the Fair Work Act 2009, which mandates that certain agreements must be registered with the Fair Work Commission to be legally enforceable. The dispute centred on whether the agreement met the necessary criteria for registration, including whether it was made in good faith and whether it contained the requisite minimum entitlements.

The central legal issues before the Commission involved determining whether the agreement was appropriately negotiated and whether it provided for the minimum entitlements required by the Fair Work Act. Specifically, the Commission had to assess if the agreement was made in good faith, if it contained terms that met or exceeded the national minimum standards, and if the process through which the agreement was negotiated adhered to the legal requirements. Furthermore, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and if it adequately addressed the rights and obligations of the parties involved.

In reaching its decision, the Fair Work Commission examined the negotiation process, the content of the agreement, and the adherence to statutory requirements. The Commission found that the agreement was made in good faith and that it contained terms that met or exceeded the national minimum standards. The process through which the agreement was negotiated was deemed to be compliant with the legal requirements, and the agreement was found to provide for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Ventia (Airtrain Maintenance) Enterprise Agreement 2021, deeming it to be a valid and legally enforceable agreement under the Fair Work Act.

The final orders of the Fair Work Commission approved the enterprise agreement, thereby allowing it to take effect and govern the terms and conditions of employment for the relevant employees. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and that they provide for adequate minimum entitlements and dispute resolution mechanisms. This ruling reinforces the Commission's role in overseeing the registration of enterprise agreements to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established