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

[2023] FWCA 167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2022/5373)

VENTIA DEFENCE STORES STORE OPERATIONS WA ENTERPRISE AGREEMENT 2022

Storage services
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 18 JANUARY 2023

Application for approval of the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022

Ventia Australia Pty Ltd has applied for approval of an enterprise agreement known as the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 9.3.5 – Casual Employment;
·   Clause 23 – Public Holidays;
·   Clause 25.2.3 – Evidence requirements;
·   Clause 25.5.1 – Use of annual leave;
·   Clause 26 – Compassionate Leave;
·   Clause 31.1.5 – Notice of termination by employer;
·   Clause 31.2.2 – Notice of termination by employee; and
·   Clause 32.6.1 – Redundancy – Employees exempted.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 24 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission heard an application from Ventia Australia Pty Ltd for approval of the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022. The application was brought under the Fair Work Act 2009, which seeks to facilitate the creation of enterprise agreements that balance the needs of employees and employers while promoting high standards of workplace relations. The dispute centred on whether the proposed agreement met the legal requirements for approval and whether it was in the interests of the employees covered by the agreement.

The key legal issues the Commission was required to decide included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to ensure that the agreement was made without undue pressure or coercion, and that it provided for appropriate safeguards for employees, including minimum rates of pay, maximum weekly hours, and provisions for leave and other entitlements.

The Commission found that the agreement had been made in accordance with the Fair Work Act, and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement had been negotiated in good faith between the parties, and that it provided for appropriate safeguards for employees. The Commission was satisfied that the agreement was in the best interests of the employees covered by the agreement, and that it would promote high standards of workplace relations.

As a result, the Commission approved the Ventia Defence Stores Store Operations WA Enterprise Agreement 2022, subject to certain conditions and requirements set out in the order. The parties were required to take steps to ensure that the agreement was properly communicated to employees, and that any disputes arising under the agreement were resolved in accordance with the Fair Work Act. The Commission also imposed certain reporting requirements on the parties, to ensure that the agreement was being implemented effectively and in accordance with the law.

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