Ventia (Australia) Pty Ltd T/A Ventia

[2022] FWCA 1646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia (Australia) Pty Ltd T/A Ventia

(AG2022/1361)

Ventia Government Services and ETU Enterprise Agreement2021 – 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 18 MAY 2022

Application for approval of the Ventia Australia Pty Ltd Government and Social Infrastructure and ETU Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the Ventia Australia Pty Ltd Government and Social Infrastructure and ETU Enterprise Agreement 2021-2025 (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 T/A Ventia. The Agreement is a single enterprise agreement.

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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 25 May 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider an application for the approval of an enterprise agreement between Ventia (Australia) Pty Ltd, trading as Ventia, and the Electrical Trades Union (ETU). The proposed agreement, titled the Ventia Australia Pty Ltd Government and Social Infrastructure and ETU Enterprise Agreement 2021-2025, was submitted for approval under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval under the Act, including whether it had been fairly negotiated and if it contained terms that complied with the provisions of the Act.

The central legal issue before the FWC was whether the enterprise agreement complied with the statutory requirements for approval, including whether it had been fairly negotiated and if it contained terms that were not contrary to the Act. The FWC was required to determine if the agreement met the good faith bargaining test, if it contained any unfair content, and if it complied with the provisions of the Fair Work Act. The FWC also had to consider submissions from the parties regarding the negotiation process and the terms of the agreement.

The FWC found that the agreement had been fairly negotiated and contained no unfair content. The Commission considered the evidence provided by both parties and concluded that the agreement had been made in good faith. The FWC also found that the terms of the agreement complied with the provisions of the Act and did not contain any provisions that were contrary to the public interest. The FWC approved the enterprise agreement, noting that it provided for fair and reasonable terms for the employees covered by the agreement.

The FWC approved the Ventia Australia Pty Ltd Government and Social Infrastructure and ETU Enterprise Agreement 2021-2025, effective from 1 July 2021, and continuing until 30 June 2025, subject to the terms and conditions of the agreement. The FWC also noted that the agreement provided for the resolution of any disputes arising under the agreement through the enterprise bargaining process or, if necessary, through the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established