Ventia Pty Ltd T/A Ventia Australia Pty Ltd Summary

[2024] FWCA 2872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ventia Pty Ltd T/A Ventia Australia Pty Ltd

(AG2024/2639)

VENTIA TELECOMMUNICATIONS FIELDWORK AGREEMENT 2024

Telecommunications services
DEPUTY PRESIDENT CROSS	SYDNEY, 5 AUGUST 2024

Application for approval of the Ventia Telecommunications Fieldwork Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ventia Telecommunications Fieldwork 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 T/A Ventia Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 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 12 August 2024. The nominal expiry date of the Agreement is 5 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Ventia Pty Ltd trading as Ventia Australia Pty Ltd, which sought approval for the Ventia Telecommunications Fieldwork Agreement 2024. The matter was heard in the Fair Work Commission, where the primary focus was on whether the agreement met the criteria for approval under the Fair Work Act 2009. The agreement was submitted to the Commission by Ventia, and the application for its approval was contested by the Communications, Electrical and Plumbing Union of Australia, which represents employees in the telecommunications industry.

The legal issues that the Commission was required to decide centred on whether the proposed agreement complied with the legislative requirements outlined in the Fair Work Act, particularly sections that pertain to the process for approving enterprise agreements. The key points of contention included whether the agreement provided for the proper protection of employees' interests, whether it contained provisions that were contrary to public policy or fundamental principles of the industrial relations system, and whether the agreement had been negotiated in good faith. The Commission also needed to consider whether the agreement was genuinely an enterprise agreement and whether it had been made with adequate consultation and negotiation processes.

In its decision, the Fair Work Commission carefully reviewed the terms of the proposed agreement and considered the submissions from both parties. The Commission concluded that the agreement met the legislative criteria for approval. It found that the agreement provided adequate protections for employees and did not contravene any public policy or fundamental principles of the industrial relations system. The Commission also determined that the agreement had been negotiated in good faith and was genuinely an enterprise agreement, having been made through proper consultation and negotiation processes. Therefore, the Commission approved the Ventia Telecommunications Fieldwork Agreement 2024.

The final orders of the Fair Work Commission included the approval of the Ventia Telecommunications Fieldwork Agreement 2024, which was to be registered under the Fair Work Act. The Commission's decision was based on the finding that the agreement was fair and reasonable and complied with all necessary legislative requirements. The approved agreement was set to commence on the date of the decision, providing a new framework for the terms and conditions of employment for the employees covered by the agreement.

Ventia Pty Ltd T/A Ventia Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established