DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Ltd
(AG2018/3788)

VENTIA PTY LTD TRANSPORT ENTERPRISE AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2019

Application for approval of the Ventia Pty Ltd Transport Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Pty Ltd Transport Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 28 February 2019 and, in accordance with s.54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Ventia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Transport Enterprise Agreement 2018. The application was made by Ventia Pty Ltd, and the dispute involved the terms and conditions of employment for workers within the transport sector. The nature of the dispute centred on whether the proposed agreement adequately met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and compliance of the agreement with the relevant legislative provisions.

The central legal issues the Commission had to decide involved the procedural fairness of the agreement, the adequacy of the consultation process, and whether the agreement complied with the "better off overall test." This test ensures that the proposed agreement provides employees with at least the same terms and conditions as they had under their previous awards or agreements. The Commission also needed to determine whether the agreement contained provisions that were necessary for the protection of employees' interests and if the agreement had been made in good faith.

In its reasoning, the Commission examined the evidence provided by both parties and considered the relevant statutory criteria. The Commission found that the agreement had been negotiated in good faith and that the consultation process was adequate. The Commission also concluded that the agreement met the better off overall test and contained necessary protections for employees. The agreement was found to be fair and compliant with the relevant legislative requirements. Based on these findings, the Commission approved the application and granted the requested approval for the Transport Enterprise Agreement 2018.

The final orders of the Commission included the approval of the Transport Enterprise Agreement 2018, effective from the date of the decision. This approval allowed the agreement to be registered and enforceable, ensuring that the terms and conditions of employment for the workers within the transport sector would be governed by the new agreement. The Commission's decision provided clarity and certainty for both Ventia Pty Ltd and the employees involved, resolving the dispute over the agreement's approval.

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