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

[2022] FWCA 4454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2022/4916)

Ventia Defence Stores North Queensland Agreement 2022

Storage services
COMMISSIONER HUNT	BRISBANE, 19 DECEMBER 2022

Application for approval of the Ventia Defence Stores North Queensland Agreement 2022

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Ventia Defence Stores North Queensland Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Transport Workers’ Union of Australia (TWU) raised concerns of the undertakings and the approval of the Agreement, in which the Employer filed revised written undertakings. A copy of the undertakings is attached at Annexure A. No further views were provided in respect to the revised Undertakings.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union (UWU) and the TWU being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU and TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The case involves an application by Ventia Australia Pty Ltd for the approval of the Ventia Defence Stores North Queensland Agreement 2022. This application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for workers employed by Ventia in the Defence Stores North Queensland division. The primary issue was whether the proposed agreement, which sought to establish new employment terms, met the legal requirements for approval under the Act.

The legal issues that the FWC had to decide included whether the agreement provided for the proper negotiation process, if it contained the mandatory minimum entitlements, and if it was fair and reasonable in all its terms. The Commission needed to assess whether the agreement was genuinely negotiated and whether it met the criteria for being a simple, fair, and portable agreement. The court also had to determine if the agreement would have a detrimental effect on employees' existing rights and protections.

In its decision, the FWC found that the application complied with the necessary legal requirements. The Commission concluded that the agreement was the product of genuine negotiations and contained all the mandatory minimum entitlements. It was also determined that the agreement was fair and reasonable in all its terms, and it would not have an adverse effect on employees' existing rights and protections. Based on these findings, the FWC approved the Ventia Defence Stores North Queensland Agreement 2022.

The final orders of the FWC were that the agreement be approved under section 234 of the Fair Work Act 2009. The approved agreement would now apply to the relevant employees, setting out their terms and conditions of employment for the specified period.

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