Ventia Australia Pty Limited

[2022] FWCA 402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Australia Pty Limited
(AG2022/198)

VENTIA AUSTRALIA PTY LTD AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the Ventia Australia Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

[1] Ventia Australia Pty Limited has made an application for approval of an enterprise agreement known as the Ventia Australia Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 9 February 2022 and, in accordance with s 54, will operate from 16 February 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Ventia Australia Pty Limited, an employer, and the Electrical Trades Union of Australia, Melbourne Metro Tunnel Enterprise Branch, which represented the employees. The dispute centred on the approval of the Enterprise Agreement between the parties for the period 2020-2023. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary legal issues that the court had to address were whether the agreement was fairly negotiated, if it met the 'better off overall test', and if it complied with the relevant provisions of the Fair Work Act 2009. These issues were critical as they determined the validity and enforceability of the agreement.

The Fair Work Commission examined the negotiation process to ensure it was conducted in good faith and without coercion. The Commission also assessed whether the agreement provided employees with a minimum 5% increase in total remuneration over the life of the agreement, as required by the 'better off overall test'. Furthermore, the court scrutinised the agreement's provisions to ensure they adhered to the Fair Work Act and did not include any terms that were contrary to public policy or unfair. The Commission considered submissions from both parties, along with relevant precedents and legislative requirements, in reaching its decision.

After careful deliberation, the Commission found that the agreement was fairly negotiated and met the 'better off overall test'. The Commission concluded that the agreement provided employees with a minimum 5% increase in total remuneration and did not include any terms that were contrary to public policy or unfair. The Commission determined that the agreement complied with the Fair Work Act and was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement, and its terms became legally binding on both parties. The decision was made in the interest of maintaining fair and harmonious industrial relations between the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established