DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Ltd
(AG2019/3738)

VENTIA FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2019

Hospitality industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2020

Application for approval of the Ventia Facilities Management Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Facilities Management Enterprise Agreement 2019 (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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 8 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Pty Ltd was before the Fair Work Commission, where the applicant sought approval of an enterprise agreement that had been negotiated between the parties. The agreement, dated 2019, related to the facilities management industry and the conditions of employment for the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act 2009.

The legal issues before the Fair Work Commission involved whether the agreement was a "bare bones" agreement, which would disqualify it from being approved, and whether the agreement met the other requirements for approval under the Fair Work Act. The parties disputed the characterisation of the agreement as a "bare bones" agreement and whether it contained all the mandatory terms required by the Act.

In reaching its decision, the Fair Work Commission found that the agreement was not a "bare bones" agreement and contained all the mandatory terms required by the Fair Work Act. The Commission found that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and dispute resolution. The Commission also found that the agreement had been negotiated in good faith and that it met the other requirements for approval under the Act. Accordingly, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Ventia Facilities Management Enterprise Agreement 2019, finding that it was not a "bare bones" agreement and contained all the mandatory terms required by the Fair Work Act. The Commission found that the agreement provided for a comprehensive set of terms and conditions of employment and had been negotiated in good faith. The agreement was therefore approved under the Act.

Ventia 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