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

[2022] FWCA 1800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia (Australia) Pty Ltd T/A Ventia (Australia) Pty Ltd

(AG2022/1132)

Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2021

Miscellaneous
COMMISSIONER YILMAZ	MELBOURNE, 1 JUNE 2022

Application for approval of the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2021 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 Australian Municipal, Administrative, Clerical and Services Union 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 8 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Ventia (Australia) Pty Ltd, trading as Ventia, for the approval of an enterprise agreement with its employees in the Mornington Peninsula Shire and other clients. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, which the employees' union had raised concerns about.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in accordance with the procedural requirements, if it contained terms that complied with the provisions of the Act, and if it had been made in good faith and without coercion. The union argued that certain provisions of the agreement were unfair and did not provide adequate protections for employees.

In delivering its decision, the Commission carefully considered the arguments from both parties. The Commission found that the agreement had been made in accordance with the necessary procedures and that it contained terms that were not contrary to the provisions of the Act. Importantly, the Commission noted that the agreement provided for adequate protections for employees, including provisions for minimum wages, penalties for non-compliance, and dispute resolution mechanisms. The Commission concluded that the agreement had been made in good faith and without coercion, and thus was eligible for approval.

Accordingly, the Fair Work Commission approved the Ventia Mornington Peninsula Shire and Other Clients Enterprise Agreement 2021. The decision confirmed that the agreement met the statutory requirements for approval and would now govern the employment terms and conditions for the affected employees.

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