Ventia Pty Ltd Summary

[2024] FWCA 1964

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Pty Ltd

(AG2024/1705)

VENTIA TELECOMMUNICATIONS ENTERPRISE AGREEMENT 2024

Telecommunications services
COMMISSIONER ALLISON	MELBOURNE, 30 MAY 2024

Application for approval of the Ventia Telecommunications Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia Telecommunications Enterprise Agreement 2024 (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 Ltd. 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 6 June 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Ventia Telecommunications Enterprise Agreement 2024. The application was contested by the Communication, Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the terms of the proposed enterprise agreement and whether it met the requirements for approval under the Fair Work Act 2009. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, as well as whether it was made in good faith and without coercion.

The key legal issues involved whether the agreement complied with the legislative criteria for approval, including the requirement that the agreement provides for the fair and reasonable terms and conditions of employment. The CEPU argued that the agreement did not meet these criteria, particularly in relation to pay rates and conditions for employees. The Commission needed to assess whether the proposed terms were fair and reasonable in the context of the industry and broader economic conditions.

The FWC concluded that the agreement provided for fair and reasonable terms and conditions of employment. It found that the proposed pay rates and conditions were consistent with industry standards and did not disadvantage employees. The Commission also determined that the agreement was made in good faith and without coercion. Based on these findings, the FWC approved the Ventia Telecommunications Enterprise Agreement 2024.

Ventia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established