Venture Campbellfield Pty Ltd Summary

[2014] FWCA 1439

FAIR WORK COMMISSION

DECISION

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

Venture Campbellfield Pty Ltd
(AG2014/3657)

VENTURE CAMPBELLFIELD ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 27 FEBRUARY 2014

Venture Campbellfield Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Venture Campbellfield Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Venture Campbellfield Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have 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 organisations.

[5] The Agreement was approved on 27 February 2014 and, in accordance with s.54, will operate from 6 March 2014. The nominal expiry date of the Agreement is 16 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Venture Campbellfield Pty Ltd was a respondent to a claim brought by an employee, Mr. Mark Ryan, in the Fair Work Commission. The dispute centred around the interpretation and application of the Venture Campbellfield Enterprise Agreement 2014. The employee alleged that the company had breached the agreement by failing to provide appropriate payment for work performed. The Fair Work Commission was tasked with determining the validity of these claims.

The central legal issues before the Commission involved the interpretation of specific clauses within the 2014 Enterprise Agreement, particularly those related to payment for additional work and overtime. The Commission needed to assess whether the company's actions were consistent with the terms of the agreement and whether the employee's entitlements were correctly applied. Additionally, the Commission had to consider the principles of good faith bargaining and the obligations of both parties under the Fair Work Act 2009.

In reaching its decision, the Commission examined the language of the relevant clauses and the context in which they were applied. It found that the company had not adhered to the specific payment provisions outlined in the agreement. The Commission emphasised the importance of both parties acting in good faith and fulfilling their obligations under the Enterprise Agreement. Consequently, the Commission ruled in favour of the employee, determining that the company had indeed breached the agreement and that Mr. Ryan was entitled to the additional payments claimed. The Fair Work Commission ordered the company to pay the outstanding amounts, along with interest, to the employee.

Venture Campbellfield Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established