Application by Ventia Australia Pty Ltd
Citation: [2026] FWCA 1994
What happened
Ventia Australia Pty Ltd sought approval for the Ventia and AWU Eastlink Control Room Enterprise Agreement 2026. The agreement is a single enterprise agreement covering employees in the clerical industry. An earlier version of the Notice of Employee Representational Rights was initially issued, but Ventia addressed concerns about this. The Australian Workers’ Union (AWU) indicated their support for the agreement's coverage.
What was decided
The Fair Work Commission approved the Ventia and AWU Eastlink Control Room Enterprise Agreement 2026, effective from August 4, 2026, with a nominal expiry date of August 4, 2029. The Commissioner noted inconsistencies between some clauses in the agreement and the National Employment Standards (NES) but found that clause 6 ensured the NES would prevail where conflicts arose. Written undertakings were provided by Ventia, deemed acceptable. The AWU is covered by the agreement.
What it means for employers
Employers must ensure compliance with section 174(1A) of the Fair Work Act when issuing Notices of Employee Representational Rights. They should also carefully review enterprise agreements to ensure consistency with the National Employment Standards, or include a clause ensuring NES entitlements are more beneficial.
What it means for employees
Employees covered by this agreement will benefit from the terms outlined in the Ventia and AWU Eastlink Control Room Enterprise Agreement 2026. Where the agreement conflicts with the National Employment Standards, the NES provisions will apply.
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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 →