Ventia Australia Pty Ltd Trading AS Ventia Summary

[2025] FWCA 984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ventia Australia Pty Ltd Trading AS Ventia

(AG2025/475)

VENTIA AND UFU VIC AND NSW FIRE AND RESCUE ENTERPRISE AGREEMENT 2024

Fire fighting services
DEPUTY PRESIDENT CROSS	SYDNEY, 21 MARCH 2025

Application for approval of the Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2024 (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 Trading AS Ventia. The Agreement 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I note that the Agreement contains an NES precedence clause at cl.4.2, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The United Firefighters' Union of Australia 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 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 28 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Australia Pty Ltd, trading as Ventia, applied to the Fair Work Commission for the approval of the Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2024. The United Firefighters Union (UFU) of Victoria and New South Wales opposed the application, raising concerns about the fairness and reasonableness of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was fair and reasonable in all its terms. This required an assessment of the agreement against the criteria set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from elements that could be considered coercive, harsh, or otherwise unjust. The Commission also had to consider the bargaining positions of the parties, the nature of the agreement, and whether it provided an appropriate balance of interests for both employees and employers.

In its decision, the Commission carefully reviewed the provisions of the proposed agreement and heard submissions from both Ventia and the UFU. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the economic and operational context in which the parties operated. It was noted that the agreement provided for appropriate protections for employees while also ensuring that Ventia could operate efficiently. The Commission was satisfied that the agreement did not contain any unfair or unreasonable elements and that it was the product of genuine bargaining between the parties.

The Fair Work Commission approved the Ventia and UFU VIC and NSW Fire and Rescue Enterprise Agreement 2024, finding it to be fair and reasonable. The agreement was registered, effective from the date of the decision, providing a framework for the employment terms and conditions of the employees covered by the agreement.

Ventia Australia Pty Ltd Trading AS Ventia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established