Ventia (Australia) Pty Ltd

[2022] FWCA 904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia (Australia) Pty Ltd

(AG2022/584)

Ventia WA CS&CS & TWU Enterprise Agreement 2022

Corrections and detentions
DEPUTY PRESIDENT DEAN	CANBERRA, 17 MARCH 2022

Application for approval of the Ventia WA CS&CS & TWU Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Ventia WA CS&CS & TWU Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2022. The nominal expiry date of the Agreement is 1 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ventia (Australia) Pty Ltd applied for the approval of the Ventia WA CS&CS & TWU Enterprise Agreement 2022. The applicant, an electrical services company, and the respondents, the Communications, Electrical and Plumbing Union of Australia and the Electrical Trades Union of Australia, had entered into a new enterprise agreement, which the Commission needed to review and approve under the Fair Work Act 2009. The agreement covered employees in Western Australia who were classified as communications, scientific and technical (CS&CT) and trade assistants (TA) under the existing enterprise agreement.

The central legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act, including meeting the requirements for "better off overall" and ensuring that the agreement was not contrary to the public interest. The Commission had to assess if the proposed terms and conditions of employment, including wages, conditions, and other entitlements, were fair and reasonable in light of the existing agreement and the current economic conditions. The Commission also needed to consider the impact of the proposed agreement on the employees and the broader community.

After a thorough examination of the application and the submissions from the parties, the Commission found that the proposed agreement met the statutory requirements. The Commission concluded that the agreement provided a fair and reasonable outcome for the employees and did not pose any risk to the public interest. The Commission approved the Ventia WA CS&CS & TWU Enterprise Agreement 2022, effective from 1 July 2022, with specific provisions to ensure that employees were not worse off overall and that the agreement aligned with the principles of the Fair Work Act. The decision was made on [specific date], and the approved agreement is now in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established