Application by Ventia Australia Pty Ltd Trading AS Ventia
Citation: [2026] FWCA 1758
What happened
Ventia Australia Pty Ltd, trading as Ventia (the Employer), applied for approval of the Ventia & AWU Harbour Tunnel Maintenance Enterprise Agreement 2026. The Australian Workers’ Union (AWU) sought to be covered by the agreement, acting as a bargaining representative. The agreement is a single enterprise agreement covering employees in the building, metal and civil construction industries.
What was decided
The Fair Work Commission approved the Ventia & AWU Harbour Tunnel Maintenance Enterprise Agreement 2026. The approval is subject to undertakings provided by the Employer, which will become terms of the agreement. These undertakings ensure no financial detriment to employees compared to the Electrical, Electronic and Communications Contracting Award 2020. The agreement operates from July 15, 2026, and expires on March 31, 2029. Any inconsistencies between the agreement and the National Employment Standards (NES) will be resolved in favour of the NES.
What it means for employers
Employers entering into enterprise agreements must provide written undertakings to ensure they do not cause financial detriment to employees or result in substantial changes to the agreement. They also need to consider how their agreement interacts with the National Employment Standards, ensuring that the more beneficial entitlements prevail.
What it means for employees
Employees covered by the Ventia & AWU Harbour Tunnel Maintenance Enterprise Agreement 2026 will benefit from the terms outlined in the agreement, subject to any undertakings provided by the Employer. They should be aware that the National Employment Standards provide a safety net and will apply where there is an inconsistency.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →