Ventia Utility Services Pty Ltd Trading AS Ventia

[2025] FWCA 3395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ventia Utility Services Pty Ltd Trading AS Ventia

(AG2025/3274)

VENTIA UTILITY SERVICES PTY LTD MELBOURNE METRO WATER ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
COMMISSIONER MIRABELLA	MELBOURNE, 10 OCTOBER 2025

Application for approval of the Ventia Utility Services Pty Ltd Melbourne Metro Water Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the Ventia Utlity Services Pty Ltd Melbourne Metro Water Enterprise Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Ventia Utility Services Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A of the Agreement. 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.

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 Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 10 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Utility Services Pty Ltd Trading as Ventia, the applicant, sought approval for the Ventia Utility Services Pty Ltd Melbourne Metro Water Enterprise Agreement 2025 under Section 185 of the Fair Work Act 2009. The enterprise agreement, which pertains to water, sewerage, and drainage services, was proposed as a single enterprise agreement. The application was contested by the Australian Workers’ Union (AWU), a bargaining representative for the agreement, which indicated its intention for the agreement to cover its members.

The court was required to determine whether the proposed agreement met all the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to ascertain if the agreement complied with Sections 186, 187, 188, and 190 of the Act, and if it did not cause financial detriment to the employees or result in substantial changes to the agreement. Additionally, the court had to consider the written undertakings provided by the employer to address certain Build-Own-Operate-Transfer (BOOT) issues, which were attached as Annexure A of the agreement.

Upon reviewing the employer's undertakings, the court was satisfied that they would not lead to financial detriment for any employee or cause substantial changes to the agreement. These undertakings were accepted as terms of the agreement. The court also noted that the Australian Workers’ Union had given notice under Section 183 of the Act, indicating its desire for the agreement to cover its members. Consequently, the court approved the agreement, which will operate from 17 October 2025, with a nominal expiry date of 10 October 2029.

The final orders of the court were that the Ventia Utility Services Pty Ltd Melbourne Metro Water Enterprise Agreement 2025 was approved and would operate from 17 October 2025. The agreement would cover the Australian Workers’ Union, as per Section 201(2) of the Act, and would expire on 10 October 2029, unless terminated earlier in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established