Ventia Australia Pty Ltd

[2024] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Australia Pty Ltd

(AG2024/2135)

VENTIA ETU WESTERN POWER ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT BELL	MELBOURNE, 5 JULY 2024

Application for approval of the Ventia ETU Western Power Enterprise Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Ventia ETU Western Power Enterprise Agreement 2024 (the Agreement). The application was made by the employer Ventia Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

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 in ss.186, 187, 193 and 193A as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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. I am also satisfied that it is in the public interest to approve the Agreement: s.187(5)(b).

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 5 July 2024 and, in accordance with s.54 of the Act, will operate from 12 July 2024. The nominal expiry date of the Agreement is 4 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Ventia Australia Pty Ltd, the applicant sought the approval of the Ventia Electrical Trades Union (ETU) Western Power Enterprise Agreement 2024. This application was heard before the Fair Work Commission, which is tasked with regulating enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined within the proposed agreement, which aimed to govern the employment relationship between the company and its unionised employees.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for employees. This involved an examination of whether the agreement provided for minimum rates of pay, conditions such as maximum hours of work and penalty rates, and whether it met the "better off overall test". Additionally, the Commission considered whether the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission, after reviewing the terms and conditions of the proposed agreement, found that it met all the statutory requirements set forth in the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for employees, met the better off overall test, and was made in good faith. The Commission further determined that the agreement included appropriate dispute resolution mechanisms. Therefore, the Commission approved the application for the Ventia ETU Western Power Enterprise Agreement 2024.

The Fair Work Commission's decision was that the application for approval of the Ventia ETU Western Power Enterprise Agreement 2024 be granted. The approved agreement now serves as the governing document for the employment relationship between Ventia Australia Pty Ltd and its unionised employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established