Ventrix Pty Ltd Summary

[2013] FWCA 6990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ventrix Pty Ltd
(AG2013/9149)

VENTRIX PTY LTD CERTIFIED AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Ventrix Pty Ltd Certified Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Ventrix Pty Ltd Certified Agreement (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Ventrix Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 31 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

Ventrix Pty Ltd was the subject of an application for approval of a certified agreement in the Fair Work Commission. The applicant, Ventrix Pty Ltd, sought approval of a new enterprise agreement, which had been negotiated with a union. The dispute centred on the terms of the proposed agreement and whether it met the requirements for certification under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the proper operation of enterprises and the proper management of employees, and if it had been genuinely negotiated and agreed upon by the parties. The Commission had to examine if the agreement contained all necessary provisions, including minimum wage rates, hours of work, and other terms and conditions of employment. Additionally, it was necessary to determine whether the agreement had been made in good faith and without coercion.

The Commission found that the agreement contained all necessary provisions and met the requirements for certification. It was properly negotiated, with the union and the employer engaging in good faith bargaining. The Commission concluded that the agreement provided for the proper operation of the enterprise and the proper management of employees. Consequently, the Commission approved the Ventrix Pty Ltd Certified Agreement, finding it met the statutory criteria for certification.

Ventrix Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established