DECISION

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

Ventia Australia Pty Ltd
(AG2021/48)

BROADSPECTRUM (ELECTRICAL POWER & MAINTENANCE SERVICES - SA) ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 8 FEBRUARY 2021

Application for approval of the Broadspectrum (Electrical Power & Maintenance Services - SA) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Electrical Power & Maintenance Services - SA) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventia Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 January 2021.

[3] On 2 February 2021, I contacted the Applicant to seek clarification about aspects of the Agreement and invited the Applicant to address these matters by providing amended signature pages for the Agreement, and a dated Form F16.

[4] On 3 and 4 February 2021 the Applicant supplied the amendments as sought.

[5] On 2 February 2021, I invited any bargaining representative who opposed the approval of the Agreement or otherwise wished to comment on the application to loge written submissions to that effect. No employee or union bargaining representative raised concerns.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Ventia Australia Pty Ltd applied to the Fair Work Commission for the approval of the Broadspectrum (Electrical Power & Maintenance Services - SA) Enterprise Agreement 2020. The respondents, including Electrical Trades Union of Australia SA Branch and others, opposed the application, raising concerns about various provisions within the agreement. The central dispute in this matter involved the interpretation and fairness of specific terms within the proposed enterprise agreement, particularly focusing on employee entitlements, work conditions, and the procedural fairness of the agreement's negotiation process.

The legal issues before the Commission required careful consideration of whether the agreement met the statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, was free from coercion or undue influence, and did not adversely affect employees' rights. The Commission had to assess if the negotiation process was fair and if the agreement's terms were reasonable in the circumstances.

In its decision, the Fair Work Commission found that the Broadspectrum (Electrical Power & Maintenance Services - SA) Enterprise Agreement 2020 was made in good faith and was free from any undue influence or coercion. The Commission noted that the negotiation process was procedurally fair, and the terms of the agreement were reasonable. The Commission concluded that the agreement did not adversely affect the rights of employees and was consistent with the statutory requirements under the Fair Work Act 2009. Consequently, the application for approval was successful.

The Fair Work Commission approved the Broadspectrum (Electrical Power & Maintenance Services - SA) Enterprise Agreement 2020, affirming its compliance with the statutory requirements and its fairness to both parties involved. The decision sets a precedent for similar enterprise agreements, emphasising the importance of good faith negotiations and procedural fairness in the agreement-making process.

Ventia Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established