DECISION

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

Ventia Pty Ltd
(AG2016/3502)

VENTIA TRANSPORT INFRASTRUCTURE OPERATIONS (NEW SOUTH WALES) CEPU ELECTRICIANS AGREEMENT 2016 - 2018

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JUNE 2016

Application for approval of the Ventia Transport Infrastructure Operations (New South Wales) CEPU Electricians Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Transport Infrastructure Operations (New South Wales) CEPU Electricians Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 June 2016. The nominal expiry date of the Agreement is 1 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Pty Ltd recently appeared before the Fair Work Commission, where it sought approval for the Ventia Transport Infrastructure Operations (New South Wales) CEPU Electricians Agreement 2016-2018. The applicant sought the agreement’s approval to ensure its workers were covered under the agreement, and to provide certainty regarding the terms and conditions of employment. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the formal requirements of the Act, specifically whether the agreement had been made in good faith and whether it was a genuine agreement. The Commission also considered whether the agreement provided for the proper operation of the enterprise and its employees, and whether it was in the best interests of the employees. The applicant argued that the agreement was made in good faith and provided for the proper operation of the enterprise and its employees. The Commission found that the agreement met the requirements for approval under the Act.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement had been made in good faith and provided for the proper operation of the enterprise and its employees. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions of employment. Based on these findings, the Commission approved the agreement. The applicant's application for approval of the agreement was successful, and the agreement was registered with the Fair Work Commission.

Ventia 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