DECISION

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

Ventura Group
(AG2015/2338)

FLEET SUPPORT SERVICES ENTERPRISE AGREEMENT 2014 - 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 APRIL 2015

Application for approval of the Fleet Support Services Enterprise Agreement 2014 - 2018.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Ventura Group (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Fleet Support Services Enterprise Agreement 2014 - 2018 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (TWU) and the Automotive, Food, Metals, Engineering, Printed and Kindred Industries Union (AMWU) (collectively the ‘Unions’) and is to cover 24 employees who are engaged in bus services workshop operations based in Dandenong, Victoria.

[2] The employees were last notified of their representational rights on 18 November 2014, and voting for the Agreement’s approval took place on 11 and 12 March 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a vote for the approval of the Agreement, 14 of the 20 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 2 April 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr M Hourn, General Manager Fleet & Maintenance, identified the Passenger Vehicle Transportation Award 2010 [MA000063] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). At a hearing of the application on 20 April 2015, Mr M Hourn appeared with Ms E Peters for the applicant and B Lean for the TWU. Mr Hourn outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. While the Employer’s Declaration set out that the Agreement does not provide for any terms that are more or less beneficial than those under the reference instrument, Mr Hourn clarified that this was in error and that the Agreement provided for higher rates of pay and continuous service grants. Base rates of pay are to be adjusted on 1 January and 1 July during the nominal term of the Agreement by reference to percentage changes between average weekly earnings in the preceding February to August and August to February, respectively. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 10 and 8 respectively, and a disputes resolution procedure at clause 7 provides for conciliation and arbitration by the Commission.

[4] The Unions had filed Declarations in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that they wish to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Unions are to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Fleet Support Services Enterprise Agreement 2014 - 2018.Pursuant to s 54 of the Act, the Agreement shall operate from 27 April 2015 and have a nominal expiry date of 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involved the Ventura Group, with the Fair Work Commission (FWC) tasked with determining the approval of the Fleet Support Services Enterprise Agreement 2014-2018. The agreement was proposed by the employer, Ventura Group, and the union, Maritime Union of Australia (MUA), which represented the employees. The dispute centred around the provisions within the agreement that were contested by the union, leading to an application for the FWC's approval of the agreement despite these objections.

The legal issues the FWC had to resolve involved the fairness and compliance of the agreement under the Fair Work Act 2009. Specifically, the FWC examined whether the agreement met the "better off overall test" (BOOT) and if it contained provisions that were contrary to public policy or contrary to the public interest. The union argued that certain provisions of the agreement did not meet the BOOT, and some clauses were against public policy.

The FWC carefully reviewed the agreement, considering the arguments presented by both parties. It found that, although some provisions were contentious, the overall agreement did meet the BOOT, providing employees with a fair deal. The FWC also concluded that the contested clauses did not contravene public policy. Therefore, the FWC approved the Fleet Support Services Enterprise Agreement 2014-2018, despite the union's objections.

The final orders of the FWC approved the agreement, ensuring it would be binding on the parties involved. This decision meant that the agreement could be implemented, providing a framework for employment conditions between Ventura Group and the Maritime Union of Australia for the specified period.

Ventura Group

DECISION

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Legal Principle Established