DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Limited
(AG2020/734)

VENTIA TRANSPORT INFRASTRUCTURE SERVICES (NEW SOUTH WALES) PATROLLERS AGREEMENT 2019

Miscellaneous
COMMISSIONER JOHNS	SYDNEY, 7 APRIL 2020

Application for approval of the Ventia Transport Infrastructure Services (New South Wales) Patrollers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Transport Infrastructure Services (New South Wales) Patrollers Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Ventia Pty Limited. 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. The undertakings are taken to be a term of the Agreement.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2020. The nominal expiry date of the Agreement is 6 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ventia Pty Limited, which sought approval for the Ventia Transport Infrastructure Services (New South Wales) Patrollers Agreement 2019. The application was made under section 234 of the Fair Work Act 2009, and the dispute centred on the terms and conditions of employment for patrollers within the organisation. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement provided fair and reasonable terms for the employees and complied with the statutory requirements under the Fair Work Act. The Commission needed to assess whether the agreement was genuinely negotiated and whether it met the criteria for registration, including whether it was free from any improper influences and adequately protected the rights of the employees.

The Fair Work Commission found that the agreement was appropriately negotiated and met the necessary criteria for registration. The Commission concluded that the terms of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The Commission also noted that the agreement did not contain any improper influences and had been made in good faith. Consequently, the Commission approved the application for the registration of the Ventia Transport Infrastructure Services (New South Wales) Patrollers Agreement 2019.

As a result of the decision, the Fair Work Commission registered the agreement, which will now govern the employment terms and conditions for the patrollers within Ventia Pty Limited in New South Wales. The approval signifies that the agreement is legally binding and provides a framework for the relationship between the employer and the employees.

Ventia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established