DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ventia Australia Pty Limited
(AG2021/5592)

VENTIA (MILLMERRAN POWER STATION) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 JULY 2021

Application for approval of the Ventia (Millmerran Power Station) Enterprise Agreement 2021.

[1] Ventia Australia Pty Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Ventia (Millmerran Power Station) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] A typographical error was identified by the Commission in Appendix A4.2 of the Agreement, which sets out Apprentice Wage Rates. The Applicant responded to this concern by confirming that the table in Appendix 4 at clause A4.2 setting out Apprentice Wage Rates contains a typographical error, in that headings in the top row of the table contains a reference to “Year 10 or less” which appears three times in the headings to the second, third and fourth columns of the table. The headings to the third and fourth columns of the table should respectively refer to ‘Year 11 or less’ and ‘Year 12 or less’. An application was made pursuant to s.217 of the Act, seeking a variation to remove an ambiguity or uncertainty in the Agreement, by replacing the top row of the table.

[3] The application under s. 217 of the Act was not opposed by bargaining representatives for the Agreement being the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). A Decision 1 and Order2 is issued simultaneously with this Decision, varying the Agreement from the date it is approved.

[4] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The AMWU and the CEPU have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the declarations provided by the organisation, I note that the Agreement covers these organisations.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 9 July 2021. The nominal expiry date of the Agreement is 2 July 2025.

DEPUTY PRESIDENT

1 [2021] FWCA 3851.

2 PR731292.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Ventia Australia Pty Limited for the approval of the Ventia (Millmerran Power Station) Enterprise Agreement 2021. The application involved employees of Ventia who are members of the Electrical Trades Union of Australia and the Communications, Electrical and Plumbing Union. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for approval, particularly in relation to the bargaining process and the terms and conditions it proposed.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it adhered to the procedural fairness standards set out in the Fair Work Act. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace. The bargaining process, including the extent of consultation and the parties' conduct, was also under scrutiny to ensure compliance with the statutory requirements.

In its decision, the Commission examined the evidence presented regarding the bargaining process and the terms of the proposed agreement. It found that the agreement was made in good faith and that the procedural fairness standards were met. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and efficient workplaces, with reasonable terms and conditions. The Commission approved the Ventia (Millmerran Power Station) Enterprise Agreement 2021, subject to the conditions and limitations outlined in the decision.

The Commission's final orders included the approval of the enterprise agreement, effective from the date of the decision, with specific conditions that the agreement must be implemented in accordance with the Fair Work Act and that any disputes arising from the agreement would be resolved through the Fair Work Commission's dispute resolution processes. The decision also included provisions for the agreement to be reviewed and potentially varied by the Commission if necessary.

Ventia Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established