DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Ltd T/A Ventia
(AG2017/707)

VENTIA PTY LIMITED ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Ventia Pty Limited Ichthys Onshore Construction Enterprise Agreement (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 T/A Ventia. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 organisations.

[5] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia Pty Ltd, trading as Ventia, applied for the approval of the Ichthys Onshore Construction Enterprise Agreement. The agreement in question was between the company and its employees who were involved in the construction of the Ichthys LNG project. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The central legal issue that the Commission had to address was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made in accordance with the relevant provisions of the Act, and if it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement had been made without undue coercion or pressure.

In its decision, the Commission found that the agreement complied with the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement had been made after extensive negotiations between the parties, and that there was no evidence of undue coercion or pressure. The Commission also found that the agreement provided for a fair and reasonable balance of rights and obligations between the parties, and that it met the requirements of the Act. The Commission approved the agreement and made it a registered agreement under the Fair Work Act.

Ventia Pty Ltd T/A Ventia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established