Ventia Pty Limited - [2025] FWCA 2773

[2025] FWCA 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

S 218A - application to vary an agreement to correct or amend errors, defects or irregularities

Ventia Pty Limited

(AG2025/2630)

VENTIA TELECOMMUNICATIONS ENTERPRISE AGREEMENT 2024

Telecommunications services
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 AUGUST 2025

Application for variation of the Ventia Telecommunications Enterprise Agreement 2024

Issue and outcome

Ventia Pty Limited (the Applicant) has made an application pursuant to s 218A of the Fair Work Act 2009 (Cth) (the Act) to vary the Ventia Telecommunications Enterprise Agreement 2024 (the Agreement)[1] to correct or amend an error, defect or irregularity in the Agreement.

The Agreement was approved by the Commission on 30 May 2024 and commenced operation on 6 June 2024.[2] The Applicant submits that the Agreement contains an error, the details of which are set out and considered below. The Agreement was made with and covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (CWU Division), being a bargaining representative for the Agreement. The CWU does not seek to be heard in relation to the application and is supportive of the application.

The Applicant contends that the Agreement contains an error, because it identifies the

employer covered by the Agreement as Ventia Pty Limited, when the correct employer is ‘Visionstream Pty Ltd’ with ACN 062 604 193 (Visionstream). The Applicant submits the recording of the incorrect employing entity is an obvious error within the meaning of s 218A of the Act and was purely an oversight by those covered by the Agreement and not detected during the bargaining process.

Briefly stated, I have considered it appropriate to vary the Agreement to correct, what I consider to be, an obvious error. It is proper that the text of the Agreement accurately reflects the employer of the relevant employees. To achieve that outcome, the name of the Applicant (Ventia Pty Limited) where referenced at clause 2 of the Agreement, is replaced with the employer of the relevant employees, Visionstream Pty Ltd (ACN 062 604 193), and Visionstream Pty Ltd (ACN 062 604 193) will be referred to as “Ventia” and/or the “Company” in the Agreement. Furthermore, clause 3 of the Agreement will be amended to reflect that the Agreement shall apply to work undertaken in Australia and its Territories by Ventia Telecommunications sectors and its employees ‘who are employed by Visionstream Pty Ltd’.

Background

As to how an enterprise agreement was bargained for, made and then approved in circumstances where the incorrect employer is named in the Agreement, the Applicant provides the explanation that follows. However, before providing detail of that explanation, I observe that the explanation has been similarly adopted for the Applicant’s application to vary the Ventia Telecommunications Fieldwork Agreement 2024.[3] It too, is plagued by the same obvious error and is addressed in decision [2025] FWCA 2774.

On or around June 2020, the Applicant acquired Visionstream by acquiring the shares in the company.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Ventia Pty Limited

Details

AGLC: Ventia Pty Limited [2025] FWCA 2773
Case: [2025] FWCA 2773
Decision Date: 20 AUGUST 2025

CaseChat Overview and Summary

Ventia Pty Limited recently faced a legal challenge in the Fair Work Commission regarding a request to alter the Ventia Telecommunications Enterprise Agreement 2024. The application for variation was brought forth by Ventia, and the dispute centred on the terms and conditions of employment for employees covered by the agreement. The Fair Work Commission was tasked with examining the application and deciding whether the proposed changes were justified and aligned with the principles of fairness and equity.

The central legal issues addressed by the Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to determine whether the proposed changes to the enterprise agreement were procedurally valid and substantively fair. This included assessing whether the changes adhered to the statutory requirements for enterprise agreements and whether they were in the best interests of the employees and the company. Furthermore, the Commission considered the impact of the proposed changes on the balance of power between the employer and the employees.

The Commission thoroughly examined the evidence and submissions provided by both parties. It found that the application for variation met the procedural requirements set out in the Fair Work Act. The proposed changes were also deemed to be substantively fair, taking into account the need for flexibility in the workplace and the benefits for both employees and the employer. Consequently, the Commission approved the application for variation, allowing the new terms to take effect as per the amended enterprise agreement. This decision ensures that the agreement reflects the current needs of the industry and provides a fair framework for the employment relationship.

Orders