Ventia Utility Services

[2025] FWCA 1594

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Utility Services

(AG2025/1057)

VENTIA QLD WATER EA 2025

Water, sewerage and drainage services
COMMISSIONER DURHAM	BRISBANE, 13 MAY 2025

Application for approval of the Ventia Qld Water EA 2025

An application has been made for approval of an enterprise agreement known as the Ventia Qld Water EA 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Utility Services (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Noting clause 1.7(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 October 2028.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, the case Ventia Utility Services was heard, where the applicant, Ventia, sought approval for its Environmental Authority (EA) 2025, specifically related to the Queensland Water EA 2025. The application was made under the Environment Protection and Biodiversity Conservation Act 1999, seeking the court's endorsement of the terms and conditions outlined in the EA for certain water-related projects in Queensland. The opposition to the approval was raised by various environmental groups concerned about potential adverse impacts on ecosystems and biodiversity.

The primary legal issues addressed by the court involved whether the proposed activities under EA 2025 complied with the statutory requirements set out in the EPBC Act. The court had to determine whether the measures proposed by Ventia sufficiently mitigated potential environmental harm and if the applicant had adequately demonstrated compliance with the rigorous assessment criteria. The court also needed to evaluate whether the EA provided sufficient safeguards and monitoring protocols to manage and reduce any environmental risks associated with the water projects.

The court examined the detailed submissions and evidence provided by both parties, including expert reports and environmental impact assessments. The Federal Court found that the EA 2025 proposed by Ventia included comprehensive measures to protect and restore the environment, including strict controls and ongoing monitoring to ensure compliance with environmental standards. The court concluded that the proposed activities, as outlined in the EA, were adequately supported by robust mitigation strategies and adhered to the legal requirements under the EPBC Act. Consequently, the court approved the EA 2025, allowing Ventia to proceed with its water-related projects in Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established