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austlii:cth/FWCA/2025/3101
General information, not legal advice.
FWCA
2025-09-12
Original judgment source is linked above.
s.185 - Enterprise agreement
VENTIA SOUTH AUSTRALIA PRISONER TRANSPORT AND IN- COURT MANAGEMENT TWU ENTERPRISE AGREEMENT 2024
Application for approval of the Ventia South Australia Prisoner Transport and In- Court Management TWU Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Ventia South Australia Prisoner Transport and In- Court Management TWU Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Ventia Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
[4] I observe that clause 50 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act, specifically ss 104(1)(b) and (c), will prevail where there is an inconsistency between the Agreement and the NES.
[5] 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) of the Act I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 19 September 2025. The nominal expiry date of the Agreement is 30 September 2027.
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