DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Boral Amey NSW Pty Ltd
(AG2018/6893)

VENTIA BORAL AMEY NSW PTY LTD ENTERPRISE AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2019

Application for approval of the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018.

[1] Ventia Boral Amey NSW Pty Ltd has made an application for approval of an enterprise agreement known as the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] The Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s 54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Ventia Boral Amey NSW Pty Ltd and its employees, represented by a union. The dispute pertained to the application for the approval of the Enterprise Agreement 2018, which was to be reviewed and assessed by the Fair Work Commission. This body has the jurisdiction to approve, reject, or make modifications to enterprise agreements in line with the provisions of the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the agreement met the criteria for approval as stipulated in the Act. This included considerations of whether the agreement provided for appropriate terms and conditions, including remuneration and working conditions, and whether it adhered to the requirements for proper consultation and negotiation between the employer and the employees' representatives. The Commission also had to ensure that the agreement did not adversely affect employees' rights under the safety net of minimum terms and conditions.

Upon examining the agreement, the Commission noted that the terms and conditions were fairly negotiated and aligned with the statutory requirements. The Commission found that the agreement adequately covered various aspects such as wages, allowances, and other employment conditions. It also determined that the consultation process met the necessary standards. Consequently, the Commission approved the Enterprise Agreement 2018, subject to the terms being communicated to all relevant employees. The decision was made on the basis that the agreement did not disadvantage employees and was in compliance with the Fair Work Act 2009.

Ventia Boral Amey NSW Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established