DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Service Pty Ltd
(AG2019/2474)

VENTIA UTILITY SERVICES PTY LTD YARRA VALLEY WATER ELECTRICAL ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 AUGUST 2019

Application for approval of the Ventia Utility Services Pty Ltd Yarra Valley Water Electrical Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd Yarra Valley Water Electrical Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ventia Utility Service 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.

[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] I note that clause 23.1 and PART A, clause 4.19 and clause 19.2 are inconsistent with the National Employment Standards (NES) they provide restrictions not provided for in the NES. Given the National Employment Standards precedence clause at clause 4.1(b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the proposed Ventia Utility Services Pty Ltd Yarra Valley Water Electrical Enterprise Agreement 2019. The applicant, Ventia Utility Services Pty Ltd, sought the commission's approval for the agreement, which aimed to govern the employment terms and conditions for its electrical workers. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the commission involved assessing whether the proposed agreement was a "single interest" enterprise agreement, whether it met the "better off overall" test, and if it contained all the mandatory terms as required by the Fair Work Act. The commission also needed to determine whether the agreement was fairly negotiated and if it complied with procedural fairness.

The Fair Work Commission found that the agreement was a "single interest" enterprise agreement as it covered all employees within the specified bargaining unit. The commission confirmed that the agreement was fairly negotiated, given the evidence of good faith bargaining between the parties. The "better off overall" test was satisfied as the commission concluded that the employees would be better off with the new agreement compared to their previous terms. The agreement was also found to contain all mandatory terms and did not contravene any provisions of the Fair Work Act. Consequently, the commission approved the application for the agreement.

In light of the findings, the Fair Work Commission approved the Ventia Utility Services Pty Ltd Yarra Valley Water Electrical Enterprise Agreement 2019. The approval is effective from the date of the decision and will apply to all employees within the specified bargaining unit. The agreement will now govern the employment terms and conditions for the electrical workers employed by Ventia Utility Services Pty Ltd.

Ventia Utility Service 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