Ventura Transit Pty Ltd

[2022] FWCA 2923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventura Transit Pty Ltd

(AG2022/3255)

Ventura Transit P/L Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BELL	MELBOURNE, 25 AUGUST 2022

Application for approval of the Ventura Transit P/L Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Ventura Transit P/L Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventura Transit Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. Pursuant to s.201(3), 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 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process, nor take all reasonable steps to ensure that employees were provided with or had access to a copy of the Agreement seven clear days prior to the commencement of the vote as required by s.180(3) and s.180(2) of the Act. Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The Transport Workers’ Union of Australia (TWU), 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.

The Agreement was approved on 25 August 2022 and, in accordance with s.54, will operate from 1 September 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventura Transit Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2022. The company, which operates bus services, had negotiated the agreement with the Transport Workers Union. The union represented the company's drivers and other employees. The Commission was required to determine if the agreement complied with the Fair Work Act 2009 and other relevant legislation. Specifically, it had to ensure that the agreement met the requirements for "genuine agreement" and "protecting employees from adverse action."

The primary issue before the Commission was whether the agreement had been genuinely negotiated between the employer and the union. The Commission considered various factors, including the extent of union involvement in the negotiation process, the fairness of the agreement's terms, and whether the union had genuinely represented the employees. The company argued that the agreement reflected the terms and conditions that both parties had negotiated in good faith. The union supported the application, stating that it had adequately represented its members throughout the process.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the statutory requirements. It noted the union's extensive involvement in the negotiation process and the fairness of the agreement's terms. The Commission concluded that the agreement protected employees from adverse action and provided for a reasonable balance of interests between the employer and employees. Accordingly, the Commission approved the Enterprise Agreement 2022.

The Fair Work Commission approved the Ventura Transit P/L Enterprise Agreement 2022, finding that it was a genuine agreement that met the statutory requirements. The Commission determined that the union had adequately represented its members and that the agreement's terms were fair and balanced. This decision ensures that the agreement is legally binding and can be implemented between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established