Ventia Utility Services Pty Limited Summary

[2021] FWCA 6803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ventia Utility Services Pty Limited
(AG2021/8365)

VENTIA UTILITY SERVICES PTY LIMITED ELECTRICAL SUPPLY INDUSTRY CONTRACTORS QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2024

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Ventia Utility Services Pty Limited Electrical Supply Industry Contractors Queensland Enterprise Agreement 2021 – 2024.

[1] Ventia Utility Services Pty Limited has applied for approval of a single enterprise agreement known as the Ventia Utility Services Pty Limited Electrical Supply Industry Contractors Queensland Enterprise Agreement 2021 – 2024 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 March 2024.

[4] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ventia Utility Services Pty Limited for the approval of the Electrical Supply Industry Contractors Queensland Enterprise Agreement 2021 – 2024. The application was brought under the Fair Work Act 2009, which seeks to regulate enterprise agreements in Australia. The dispute centred around the terms and conditions proposed in the agreement, with particular attention given to whether the agreement met the necessary legal standards for approval. The Commission was tasked with assessing if the agreement provided for fair and reasonable terms for the employees covered by it.

The legal issues the Commission needed to address included whether the agreement provided for fair and reasonable terms, as required by the Fair Work Act. This involved examining whether the agreement included provisions that were procedurally fair and substantively fair. The Commission also had to ensure that the agreement was not contrary to the public interest and that it complied with all relevant legislative requirements. Additionally, the Commission considered whether the agreement appropriately balanced the rights and interests of both the employer and the employees, ensuring that it was not discriminatory or oppressive.

In its decision, the Commission thoroughly reviewed the terms and conditions of the agreement, assessing their fairness and compliance with the statutory requirements. The Commission found that the agreement contained provisions that were fair and reasonable, providing adequate protections for employees while also allowing the employer to operate effectively. The Commission concluded that the agreement did not contravene the public interest and met all necessary legislative standards. Therefore, the Commission approved the agreement, recognising its balanced approach in addressing the rights and interests of both parties. The approval of the agreement ensures that the terms and conditions it sets forth are legally enforceable and provide a fair framework for employment within the specified period.

Ventia Utility Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established