DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2020/2361)

VENTIA UTILITY SERVICES MELBOURNE METRO WATER ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 SEPTEMBER 2020

Application for variation of the Ventia Utility Services Melbourne Metro Water Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Ventia Utility Services Melbourne Metro Water Enterprise Agreement 2017 (the Agreement). The application was made by Ventia Utility Services Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 4 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ventia Utility Services Pty Limited and the Australian Manufacturing Workers' Union. The union sought to vary the existing Melbourne Metro Water Enterprise Agreement 2017, aiming to improve the terms and conditions of employment for the union's members. The Commission was tasked with determining whether the proposed changes were fair and reasonable, and whether they met the criteria for an extension of rights under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed changes were necessary to address an identified disadvantage or inequity in the existing agreement, and whether the changes were fair and reasonable in all the circumstances. The Commission also had to consider whether the proposed changes met the threshold for an extension of rights, which requires the changes to be more favourable to employees than those contained in a relevant award or registered agreement. The Commission examined the evidence and submissions from both parties to determine if the proposed changes achieved their intended purpose and if they were justified.

The Fair Work Commission found that the proposed changes were necessary to address identified inequities in the existing agreement. The Commission acknowledged the need for the changes to improve the working conditions and terms of employment for the union's members. The Commission also concluded that the proposed changes were fair and reasonable, as they did not impose an undue burden on the employer and were consistent with the principles of the Fair Work Act. The Commission found that the changes met the criteria for an extension of rights, as they provided more favourable conditions than those contained in the relevant award.

The Fair Work Commission made orders varying the Melbourne Metro Water Enterprise Agreement 2017 to reflect the proposed changes sought by the union. The changes included amendments to shift penalties, overtime rates, and other conditions of employment. The new agreement was approved and will apply to the union's members employed under the agreement.

Ventia Utility Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established