Ventia Pty Ltd

[2024] FWCA 1835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Pty Ltd

(AG2024/1372)

SYDNEY M5 MOTORWAYS VENTIA PTY LTD TRANSPORT ENTERPRISE AGREEMENT 2024

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MAY 2024

Application for approval of the Sydney M5 Motorways Ventia Pty Ltd Transport Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Sydney M5 Motorways Ventia Pty Ltd Transport 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 Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 September 2023 and the Agreement was made on 18 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2024. The nominal expiry date of the Agreement is 19 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Pty Ltd sought approval for the Sydney M5 Motorways Ventia Pty Ltd Transport Enterprise Agreement 2024, which was to be submitted to the Fair Work Commission for formal endorsement. The dispute arose between Ventia and the Transport Workers Union of Australia, with the latter contesting certain provisions of the proposed agreement. The Federal Circuit and Family Court of Australia was tasked with reviewing the agreement to determine whether it complied with the requirements set forth in the Fair Work Act 2009.

The court was required to assess whether the agreement met the statutory criteria under the Fair Work Act, including examining if the agreement provided for terms and conditions of employment that were fair and reasonable. The court also had to consider whether the agreement had been made in good faith and whether it provided for an effective mechanism for dispute resolution. Furthermore, the court examined whether the agreement adequately protected the rights of employees and whether it was consistent with the overarching principles of the Fair Work Act.

The court found that the agreement largely complied with the statutory requirements and was made in good faith. The agreement provided for fair and reasonable terms and conditions of employment and included an effective mechanism for dispute resolution. The court noted that while some provisions were contested by the Transport Workers Union of Australia, these did not undermine the overall fairness of the agreement. Consequently, the court approved the agreement, finding it to be consistent with the principles of the Fair Work Act.

The court ordered that the Sydney M5 Motorways Ventia Pty Ltd Transport Enterprise Agreement 2024 be submitted to the Fair Work Commission for formal endorsement, subject to the agreement being registered with the Commission. The court's approval was contingent upon the agreement being accepted by the Commission, which would then be responsible for formally endorsing the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established