Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd Summary

[2024] FWCA 696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2024/302)

VENTIA WEST GATE TUNNEL PROJECT & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 23 FEBRUARY 2024

Application for approval of the Ventia West Gate Tunnel Project & ETU Enterprise Agreement 2021 – 2025

An application has been made for approval of an enterprise agreement known as the Ventia West Gate Tunnel Project & ETU Enterprise Agreement 2021 – 2025 (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 Australia Pty Ltd. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 is approved and in accordance with s.54, will operate from 1 March 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd brought an application to the Fair Work Commission for the approval of the ETU Enterprise Agreement 2021 – 2025, which was intended to govern the employment conditions of its employees involved in the West Gate Tunnel Project. The application sought approval of the agreement under section 231 of the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) intervened in the application, raising concerns about the fairness and appropriateness of certain provisions within the proposed agreement.

The primary legal issue before the Commission was whether the ETU Enterprise Agreement 2021 – 2025 was fair and appropriate in all its terms. The Commission was tasked with assessing the agreement against various statutory criteria, including whether it promoted simplification, flexibility, and efficiency in workplace relations, and whether it provided for the fair resolution of workplace disputes. The Commission also needed to consider whether the agreement was consistent with the objects of the Fair Work Act, including the protection of employees' rights and interests.

The Commission found that the ETU Enterprise Agreement 2021 – 2025 was generally fair and appropriate in its terms. It noted that the agreement contained provisions for simplification, flexibility, and efficiency in workplace relations, and that it provided for the fair resolution of workplace disputes. The Commission also concluded that the agreement was consistent with the objects of the Fair Work Act, and that it provided for the protection of employees' rights and interests. The Commission approved the agreement, subject to certain modifications, including the removal of a clause that allowed for the unilateral termination of employment. The modifications were designed to ensure that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the ETU Enterprise Agreement 2021 – 2025, subject to the modifications outlined in the decision. The Commission found that the agreement was generally fair and appropriate in its terms, and that it promoted simplification, flexibility, and efficiency in workplace relations. The Commission also concluded that the agreement was consistent with the objects of the Fair Work Act, and that it provided for the protection of employees' rights and interests. The modifications to the agreement were designed to ensure that it met the statutory criteria for approval.

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established