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austlii:cth/FWCA/2025/2900
General information, not legal advice.
FWCA
2025-08-14
Original judgment source is linked above.
The attached document replaces the document previously issued with the code [2025] FWC 2377 on 14 August 2025 to correct document referencing.
s.185 - Application for approval of a single-enterprise agreement
VENTIA AUSTRALIA PTY LTD GORGON AND WHEATSTONE ASSETS ENTERPRISE AGREEMENT 2025
Application for approval of the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025
[1] Ventia Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is 'Ventia Australia Pty Ltd Chevron Enterprise Agreement 2023' whilst the Agreement title in clause 1.1 is 'Ventia Australia Pty Ltd Gorgon and Wheatstone Assets Enterprise Agreement 2025'. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.
[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
27.1 The Company will require an Employee to work on a Public Holiday where it falls during an Employee's rostered On-Duty Period."
[5] However, I am satisfied that under clause 4.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers' Union (AWU) (the organisations), 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), and based on the declaration provided by the organisations, I note that the organisations are covered by the Agreement.
[7] The Agreement was approved on 14 August 2025 and, in accordance with s 54, will operate from 21 August 2025. The nominal expiry date of the Agreement is 14 August 2029.
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