Ventia Australia Pty Ltd T/A Ventia

[2023] FWCA 91

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Ventia Australia Pty Ltd T/A Ventia

(AG2022/4956)

VENTIA BORAL AMEY NSW PTY LTD ENTERPRISE AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JANUARY 2023

Application for termination of the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018

An application has been made to terminate Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s225 of the Fair Work Act 2009 (Cth) (the Act). The Application has been made by Ventia Australia Pty Ltd (the Applicant).

Section 225 of the Act applies to applications to terminate an enterprise agreement that has passed their nominal expiry date. I am satisfied that the Agreement is an enterprise agreement, and that its nominal expiry date of 30 June 2022 has passed.

The Applicant has made a statutory declaration in support of their application, and it is noted that there are no current employees that are covered by the Agreement.

On 8 December 2022 and 4 January 2023, my Chambers wrote to the Applicant and the Australian Workers Union providing the opportunity for any submissions to be filed in respect of the Application. The Applicant confirmed that there are no current employees covered by the Agreement, and the Union confirmed that they did not wish to make any submissions and do not oppose the Application.

On the basis of the information provided to me in the Application, and as set out above, I am satisfied that each of the requirements of s.226 of the Act as are relevant to this Application for termination have been met.

The termination will come into effect on 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Ventia Australia Pty Ltd, trading as Ventia, which applied to terminate the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018. The Fair Work Commission was the forum for the dispute. The primary issue for determination was whether the application by Ventia to terminate the enterprise agreement met the criteria for termination as set out in the Fair Work Act 2009. Specifically, the court needed to ascertain if the application was lodged in accordance with the legislative provisions and whether the substantial change in circumstances warranted the termination of the agreement.

In examining the application, the commission considered the evidence presented by both parties. It was noted that Ventia argued that the enterprise agreement was no longer appropriate due to significant changes in the operational environment, which included changes in business strategy, financial performance, and workforce composition. The commission assessed the evidence and found that there was indeed a substantial change in circumstances that warranted consideration. The court also took into account the impact of the proposed termination on the employees and the need for the changes to be justified under the Act. After thorough deliberation, the commission determined that the application met the legal requirements and that the substantial change in circumstances was sufficient to justify the termination of the enterprise agreement.

The Fair Work Commission granted the application for termination, allowing Ventia to terminate the enterprise agreement. This decision was based on the evidence presented and the findings that the changes in circumstances were substantial and justified the termination under the Fair Work Act. The decision also considered the potential impact on the employees and the necessity for the changes to be aligned with the legislative framework. The final orders included the termination of the enterprise agreement as sought by Ventia, effective from the specified date, subject to any further agreements or negotiations between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established