DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventrix Mechanical Pty Ltd
(AG2015/7091)

VENTRIX MECHANICAL PTY LTD CERTIFIED AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the VENTRIX MECHANICAL PTY LTD CERTIFIED AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the VENTRIX MECHANICAL PTY LTD CERTIFIED AGREEMENT (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventrix Mechanical Pty Ltd. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417817 PR577017

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Building and Construction Commission for the approval of a certified agreement proposed by Ventrix Mechanical Pty Ltd. The Federal Court was tasked with reviewing the agreement to ensure it complied with the relevant industrial laws and provided a fair and reasonable outcome for the parties involved. The legal issues centred on whether the certified agreement met the statutory requirements for approval and if it provided appropriate protections and benefits to the employees.

The court examined the certified agreement clause by clause, assessing its compliance with the Fair Work Act 2009. It considered whether the agreement provided for adequate wages, conditions, and dispute resolution mechanisms. The court also evaluated whether the agreement allowed for flexibility and efficiency in the workplace while ensuring that the employees' rights were protected. Additionally, the court assessed whether the agreement met the criteria for being a simple, fair, and streamlined workplace agreement.

The court found that the certified agreement complied with the statutory requirements and provided a fair and reasonable outcome for the employees. It determined that the agreement was simple, streamlined, and allowed for flexibility and efficiency in the workplace. The court was satisfied that the agreement provided appropriate protections and benefits to the employees, including fair wages and conditions. Consequently, the court approved the certified agreement, enabling it to take effect and regulate the employment relationship between Ventrix Mechanical Pty Ltd and its employees.

Ventrix Mechanical 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