DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd, JV partner in the TRACE Joint Venture
(AG2021/4969)

TRACE DARWIN ONSHORE ENTERPRISE AGREEMENT 2021

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 10 MAY 2021

Application for approval of the TRACE Darwin Onshore Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the TRACE Darwin Onshore Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventia Australia Ltd T/A Ventia Australia Pty Ltd, JV partner in the TRACE Joint Venture (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 May 2021 and was determined on the papers.

[3] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the “Australian Workers’ Union” (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Ventia Australia Pty Ltd, trading as Ventia Australia, and its joint venture partner in the TRACE Joint Venture. The nature of the dispute pertains to the application for approval of the TRACE Darwin Onshore Enterprise Agreement 2021. The court in this matter was the Fair Work Commission (FWC). The legal issues that the FWC was required to decide included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the requirements for approval under the Act.

In reaching its decision, the FWC considered the submissions from both parties and examined the provisions of the Fair Work Act 2009. The Commission found that the TRACE Darwin Onshore Enterprise Agreement 2021 complied with the requirements of the Act, including meeting the criteria for employee representation and the process for resolving disputes. The FWC also found that the agreement was in the best interests of the employees, taking into account the various factors outlined in the Act. Based on these findings, the FWC approved the enterprise agreement, allowing it to come into effect.

The FWC's decision was based on a comprehensive analysis of the agreement and the relevant legislation. The Commission carefully considered the arguments presented by both parties and evaluated the agreement's provisions in light of the statutory requirements. The FWC's reasoning demonstrates a thorough understanding of the legal framework governing enterprise agreements and the factors that must be taken into account when approving such agreements. The outcome of the case ensures that the TRACE Darwin Onshore Enterprise Agreement 2021 is legally binding and can be implemented as intended.

Ventia Australia Pty Ltd T/A Ventia Australia Pty Ltd, JV partner in the TRACE Joint Venture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established