DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Limited
(AG2019/2946)

VENTIA TRANSPORT INFRASTRUCTURE OPERATIONS (NEW SOUTH WALES) ELECTRICIANS AGREEMENT 2019-2022

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Ventia Transport Infrastructure Operations (New South Wales) Electricians Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Transport Infrastructure Operations (New South Wales) Electricians Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Pty Limited. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 24 September 2019 and, in accordance with s.54, will operate from 1 October 2019. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure A

CaseChat Overview and Summary

Ventia Pty Limited applied for the approval of the Ventia Transport Infrastructure Operations (New South Wales) Electricians Agreement 2019-2022. The application was made under section 182 of the Fair Work Act 2009. The dispute arose between the applicant and the Transport Workers Union of Australia, which represented a group of electricians employed by the applicant. The union objected to the proposed agreement, arguing that it did not comply with the requirements of the Act.

The central legal issues before the court were whether the proposed agreement met the criteria for registration under the Act and whether the process by which the agreement was negotiated was compliant with the legislative requirements. Specifically, the court had to consider whether the agreement had been fairly and genuinely negotiated and whether it provided for a fair and efficient method of determining employment terms and conditions. Additionally, the court examined the procedural fairness in the negotiation process and the representation of the parties involved.

In its decision, the court thoroughly reviewed the negotiation process and found that it had been conducted in good faith and without coercion. The court examined the evidence provided and concluded that the agreement had been fairly and genuinely negotiated. The court also found that the proposed agreement complied with the requirements of the Act and met the criteria for registration. It was determined that the agreement provided for a fair and efficient method of determining employment terms and conditions. The court further concluded that procedural fairness had been observed throughout the negotiation process and that the union adequately represented the interests of the employees.

The court approved the agreement and made the necessary orders under section 184 of the Fair Work Act 2009. The Ventia Transport Infrastructure Operations (New South Wales) Electricians Agreement 2019-2022 was registered, and the applicant was authorised to implement the terms of the agreement.

Ventia 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