DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Ventia Pty Ltd
(AG2018/5944)

VENTIA PTY LIMITED ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE APREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 31 OCTOBER 2018

Application for variation of the Ventia Pty Limited Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Ventia Pty Limited Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Ventia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer filed a statutory declaration in support of the application which was declared by Ben Matthews, P&C Business Partner of the Employer.

[3] The variation can be found at Attachment 1 to this decision.

[4] The matter was listed for an e-hearing on Wednesday 31 October 2018. No objection to the variation was received by the Commission.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I am satisfied that the variation at Attachment 1 continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 31 October 2018.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment 1

CaseChat Overview and Summary

Ventia Pty Ltd was the subject of an application in the Fair Work Commission to vary the Ventia Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought a change in the agreement to increase the wages of certain employees. The Commission was required to determine whether the application met the criteria for a variation of the agreement under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the provisions of the Fair Work Act, particularly in terms of procedural fairness and the good faith negotiation requirement. The Commission needed to assess if the applicant had demonstrated that the changes were necessary and appropriate, and if the process leading to the application was fair and in good faith.

The Commission found that the applicant had not provided sufficient evidence to demonstrate that the changes were necessary or appropriate, nor had they shown that the process was conducted in good faith. The Commission emphasised the importance of following the correct procedures and ensuring that any changes to an enterprise agreement are both necessary and appropriate. Consequently, the application for variation was dismissed.

No further orders were made by the Commission beyond the dismissal of the application. The decision underscores the importance of adhering to procedural requirements and demonstrating the necessity and appropriateness of any proposed changes to an enterprise agreement.

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