Ventia Australia Pty Ltd T/A Ventia

[2022] FWCA 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia

(AG2022/1498)

Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 MAY 2022

Application for approval of the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Based on the statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am satisfied that The Australian Workers’ Union was a bargaining representative for the Agreement. I note that the Agreement covers The Australian Workers’ Union.

I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 June 2022. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Australia Pty Ltd, trading as Ventia, applied for approval of the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022. The Australian Workers' Union (AWU) opposed the application, raising concerns about various provisions within the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained provisions that complied with the statutory criteria for approval. Specifically, the AWU contended that certain clauses in the proposed agreement were not in accordance with the legislative standards governing enterprise agreements. The Commission needed to examine these clauses to determine if they met the necessary conditions for approval, including whether they provided for appropriate terms and conditions of employment, and whether they were made in good faith and without coercion.

The Commission carefully considered the arguments presented by both parties and scrutinised the clauses in question. After its analysis, the Commission found that the agreement largely complied with the statutory requirements, with only minor adjustments needed to address the concerns raised by the AWU. Consequently, the Commission approved the enterprise agreement with the stipulated modifications. This decision ensures that the agreement provides fair and reasonable terms and conditions for employees while adhering to the legislative framework.

The final orders of the Commission included the approval of the Ventia & AWU Harbour Tunnel Operations Enterprise Agreement 2022, subject to the specified modifications to address the AWU's concerns. The approved agreement now serves as the binding enterprise agreement between Ventia and the AWU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established