Ventia (Australia) Pty Ltd T/A Ventia Summary

[2022] FWCA 2803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia (Australia) Pty Ltd T/A Ventia

(AG2022/3190)

Ventia Western Australia Aircraft Refuelling Services Enterprise Agreement 2021

Miscellaneous
COMMISSIONER CIRKOVIC	MELBOURNE, 18 AUGUST 2022

Application for approval of the Ventia Western Australia Aircraft Refuelling Services Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Ventia Western Australia Aircraft Refuelling Services 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 Agreement is a single enterprise 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in Section 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Transport Workers’ Union of Australia, 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.

The Agreement was approved on 18 August 2022 and, in accordance with s.54, will operate from 25 August 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia (Australia) Pty Ltd, trading as Ventia, sought approval for a new enterprise agreement from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for certain employees in Western Australia, specifically those involved in aircraft refuelling services. The Commission was tasked with determining whether the proposed agreement complied with the relevant legislative framework, including provisions for genuine agreement and the inclusion of minimum entitlements.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it provided for minimum entitlements, and whether it was otherwise fair and reasonable. The applicant, Ventia, argued that the agreement had been negotiated in good faith and included provisions that met or exceeded statutory minimum standards. The Commission examined the process of negotiation, the content of the agreement, and whether any unfair provisions were present.

In its decision, the Commission found that the agreement was genuinely negotiated and provided for all minimum entitlements as required by the Fair Work Act. The Commission noted that the agreement had been developed through a process that involved both parties in meaningful discussions and had been presented to employees for their consideration. The content of the agreement was examined to ensure it did not contain provisions that were contrary to public policy or otherwise unfair. The Commission concluded that the agreement met all necessary criteria for approval and was therefore fair and reasonable.

As a result of the Commission's decision, the Ventia Western Australia Aircraft Refuelling Services Enterprise Agreement 2021 was approved and registered. This decision ensured that the terms and conditions of employment for the affected employees would be governed by the new agreement, subject to the protections and obligations set out in the Fair Work Act.

Ventia (Australia) Pty Ltd T/A Ventia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established