Ventia Pty Ltd Summary

[2023] FWCA 2592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ventia Pty Ltd

(AG2023/2565)

VENTURE SMART ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT O’KEEFFE	PERTH, 16 AUGUST 2023

Application for approval of the Venture Smart Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Venture Smart Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 1 December 2022 and the Agreement was made on 19 July 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers' Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Venture Smart Enterprise Agreement 2023. The application involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The agreement was proposed to govern the terms and conditions of employment for certain employees within the company. The legal issues at the heart of the case were whether the agreement was genuinely negotiated, had been sufficiently explained to the employees, and whether it contained the necessary provisions as mandated by the Fair Work Act.

The Commission examined whether the agreement was genuinely negotiated by examining the process and the parties involved. The Commission also considered whether the agreement had been properly explained to the employees, ensuring that they understood its implications. Additionally, the Commission assessed whether the agreement contained all the required provisions, including minimum wage rates, penalty rates, leave entitlements, and other essential terms. The Commission noted that the agreement addressed these requirements comprehensively and that the negotiation process adhered to the standards set by the Fair Work Act.

After thorough consideration, the Commission approved the Venture Smart Enterprise Agreement 2023. The decision was based on the finding that the agreement was genuinely negotiated, properly explained to the employees, and contained all the necessary provisions. The Commission was satisfied that the agreement met the statutory criteria for approval and would serve the interests of both the employer and the employees.

The Fair Work Commission approved the Venture Smart Enterprise Agreement 2023, effective from the date of the decision. The approval allows the agreement to be applied to the relevant employees, ensuring that the terms and conditions of employment are governed by the agreed-upon provisions.

Ventia Pty Ltd

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