DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Pty Ltd
(AG2021/4971)

VENTIA TELECOMMUNICATIONS ENTERPRISE AGREEMENT 2021

Telecommunications services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MAY 2021

Application for approval of the Ventia Telecommunications Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Telecommunications Enterprise Agreement 2021 (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.

[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.

[4] The Communications, Electrical and Plumbing 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.

[5] The Agreement was approved on 14 May 2021 and, in accordance with s.54, will operate from 21 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Pty Ltd, an applicant, sought approval of the Ventia Telecommunications Enterprise Agreement 2021 from the Fair Work Commission. The agreement was a proposed enterprise agreement between Ventia and its employees, who are represented by the Communications, Electrical and Plumbing Union. The dispute centred around the terms and conditions of the proposed agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The court had to consider several legal issues, including whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act 2009. This required the court to examine whether the agreement was made between an employer and its employees, covered a workplace within Australia, and provided for the terms and conditions of employment. The court also had to consider whether the agreement met the procedural requirements for approval, including whether the agreement was made in good faith and whether it was properly certified by the relevant union. Additionally, the court had to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the court considered the evidence and submissions presented by both parties. The court found that the agreement was a genuine enterprise agreement that met the statutory requirements for approval. The court was satisfied that the agreement was made between the employer and its employees, covered a workplace within Australia, and provided for the terms and conditions of employment. The court also found that the agreement met the procedural requirements for approval, including that it was made in good faith and was properly certified by the relevant union. Finally, the court found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wages and hours of work.

The court approved the Ventia Telecommunications Enterprise Agreement 2021, subject to certain modifications. The modifications related to the calculation of penalty rates for certain employees and the provision of certain benefits. The court considered these modifications necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The modifications did not significantly alter the overall terms and conditions of the agreement, and the court was satisfied that the agreement remained a genuine enterprise agreement that met the statutory requirements for approval.

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