DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventura Transit Pty Ltd
(AG2018/6642)

VENTURA TRANSIT P/L ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the Ventura Transit P/L Enterprise Agreement 2018

[1] Ventura Transit Pty Ltd has made an application for approval of an enterprise agreement known as the Ventura Transit P/L Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventura Transit Pty Ltd recently had its 2018 Enterprise Agreement brought before the Fair Work Commission for approval. The application was made by the company seeking formal endorsement of the agreement, which outlines terms and conditions of employment for its workforce. The Fair Work Commission, with its authority under the Fair Work Act 2009, was tasked with assessing whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement and if it complied with all statutory requirements. This included verifying that the agreement had been negotiated in good faith, covered all necessary terms, and was supported by the requisite majority of employees. The Commission had to ensure that the agreement did not unfairly discriminate and was consistent with the broader industrial relations framework.

In examining the application, the Commission considered the evidence presented by Ventura Transit Pty Ltd regarding the negotiation process, the extent of employee involvement, and the support for the agreement. The Commission was also required to assess whether the agreement provided fair and reasonable terms for the employees. After thorough analysis, the Commission found that the agreement was indeed genuine and met all statutory criteria. It was subsequently approved, providing legal certainty and formal recognition of the terms agreed upon by the parties.

The Fair Work Commission confirmed the approval of the Ventura Transit P/L Enterprise Agreement 2018, formalising its binding status. This decision ensures that the terms and conditions outlined in the agreement are enforceable and legally recognised, providing stability and clarity for both the employer and employees.

Ventura Transit 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