DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Motors Pty Ltd T/A Ventura Bus
(AG2017/3095)

VENTURA WORKSHOP ENTERPRISE AGREEMENT 2017-2020

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the Ventura Workshop Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ventura Workshop Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventura Motors Pty Ltd T/A Ventura Bus. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventura Motors Pty Ltd, trading as Ventura Bus, sought approval for the Ventura Workshop Enterprise Agreement 2017-2020, which aimed to establish terms and conditions for employees working in Ventura's workshops. The dispute arose as Ventura Motors sought to enforce certain provisions of the agreement, which were contested by the employees. The case was heard in the Fair Work Commission (FWC), Australia’s independent statutory body responsible for workplace relations.

The primary legal issues before the FWC were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. These criteria included ensuring that the agreement facilitated the efficient operation of the business, was free from any improper influence or coercion, and provided for a fair and reasonable process for resolving disputes. Additionally, the court examined whether the agreement met the requirements of the Better Off Overall Test (BOOT), which required that employees be no worse off financially by being subject to the agreement compared to their previous conditions.

The FWC found that the agreement facilitated the efficient operation of Ventura's workshops, and there was no evidence of improper influence or coercion. Furthermore, the agreement included a fair and reasonable process for resolving disputes. The court noted that the proposed agreement provided for clear and efficient workflows, ensuring that the business could operate effectively. Regarding the BOOT, the FWC concluded that the employees would not be worse off financially, as the agreement provided for adequate wage increases and other benefits that outweighed any potential detriments. The court emphasised the importance of maintaining a harmonious workplace and ensuring that employees were not disadvantaged by the new agreement.

As a result, the FWC approved the Ventura Workshop Enterprise Agreement 2017-2020, allowing it to take effect from the specified date. The decision underscores the importance of balancing the interests of both employers and employees while ensuring that the agreement promotes efficient business operations and fair treatment of employees.

Ventura Motors Pty Ltd T/A Ventura Bus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established