Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

[2023] FWCA 506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2023/219)

Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement

Rail industry
COMMISSIONER SPENCER	BRISBANE, 20 FEBRUARY 2023

Application for approval of the Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement

An application has been made for approval of an enterprise agreement known as the Ventia (Rail Infrastructure Maintenance Services - AL) Enterprise Agreement (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Rail Tram and Bus Industry Union (RTBU) 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement between Ventia Australia Pty Ltd and the Rail, Tram and Bus Industry Union (RTBU). The dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission examined the bargaining process, the terms and conditions of employment, and whether the agreement was in the best interests of the employees.

The key legal issues before the Commission were whether the bargaining process was genuine, if the agreement provided fair terms and conditions, and whether the agreement met the criteria for approval under the Act. The Commission had to consider whether the agreement was made in good faith, whether it complied with the provisions of the Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Act.

The Fair Work Commission found that the bargaining process was genuine and that the agreement provided fair and reasonable terms and conditions of employment. The Commission found that the agreement was in the best interests of the employees and that it complied with the relevant provisions of the Act. The Commission approved the agreement and made an order that the agreement be registered and be binding on all parties.

The Commission ordered that the Ventia (Rail Infrastructure Maintenance Services – AL) Enterprise Agreement be registered and be binding on all parties from the date of the order. The Commission also ordered that the agreement be published on the Fair Work Commission’s website. The decision provides clarity on the approval process for enterprise agreements and the requirements that must be met for an agreement to be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established