Ventia (Australia) Pty Ltd T/A Ventia

[2024] FWCA 1478

[2024] FWCA 1478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia (Australia) Pty Ltd T/A Ventia

(AG2024/1167)

VENTIA QENOS ALTONA SITE MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 23 APRIL 2024

Application for approval of the Ventia Qenos Altona Site Maintenance Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Ventia Qenos Altona Site Maintenance Enterprise Agreement 2023 (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 Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) that was issued to employees under s.173 of the Act was not in the prescribed form layout as required by s.174(1A) of the Act. I also note that the agreement title on the NERR was the “Ventia Qenos Altona Site Maintenance Agreement 2023” which does not match the title of the Agreement to be approved. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

1. On 17 April 2024, my Chambers wrote to the parties seeking further information regarding the engagement of trainees under the Agreement. While clause 14 of the Agreement contemplates the engagement of trainees, there are no wage rates for trainees in the Agreement. I sought further submissions regarding whether trainees were engaged by the Applicant, and if so, how trainees were better off under the Agreement than the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). The Applicant submitted that it does not currently engage trainees and does not intend to engage trainees under the Agreement in future. In any event, the Applicant submitted if it did engage trainees in the future, they would be better off under the Agreement than the Award because of the beneficial Agreement provisions relating to hours of work, income protection insurance and severance pay. I accept the Applicant’s submissions. I am satisfied that for the purpose of s.193A(6) of the Act that trainees are not a type of employment that is reasonably foreseeable and therefore relevant for the better off overall test. If I am wrong in this regard, I note that I am also satisfied that trainees would, in any event, be better off under the Agreement than the Award.

1. 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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