Ventia Pty Ltd

[2024] FWCA 3770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Pty Ltd

(AG2024/3076)

VENTIA PTY LTD QTSC ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER MATHESON	SYDNEY, 29 OCTOBER 2024

Application for approval of the Ventia Pty Ltd QTSC Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia Pty Ltd QTSC Enterprise Agreement 2024 (Agreement). The application was made by Ventia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2024. The nominal expiry date of the Agreement is 29 October 2027 years after approval date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Ventia Pty Ltd QTSC Enterprise Agreement 2024. The applicant, Ventia, sought the court's approval of the agreement between the employer and the Queensland Transport and Storage Council (QTSC). The dispute centred on whether the agreement met the legal requirements for such approval under the relevant industrial legislation. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement complied with the applicable provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "single interest" agreement, which is a specific type of enterprise agreement eligible for approval. The court also had to consider if the agreement was fairly negotiated and if it complied with the procedural requirements set out in the legislation.

The court found that the agreement was indeed a single interest agreement as it covered employees within a single enterprise. The court further determined that the negotiation process was fair and in accordance with the law. It concluded that the agreement met all the necessary legal criteria for approval. The court was satisfied that the procedural requirements had been followed correctly, and there were no substantive issues that would prevent the approval of the agreement.

The Fair Work Commission approved the Ventia Pty Ltd QTSC Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009. The court's decision ensured that the agreement could be implemented, thereby resolving the dispute between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established