DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2020/2213)

VENTIA UTILITY SERVICES PTY LTD ETU YALLOURN POWER STATION & OPEN CUT MINE 2020

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2020

Application for approval of the Ventia Utility Services Pty Ltd ETU Yallourn Power Station & Open Cut Mine 2020

[1] Ventia Utility Services Pty Limited has made an application for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd ETU Yallourn Power Station & Open Cut Mine 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 August 2020 and, in accordance with s 54, will operate from 31 August 2020. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Utility Services Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement for the Yallourn Power Station & Open Cut Mine. The application was made by the employer under section 235 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the workers at the power station and mine. The Fair Work Commission heard the application.

The primary legal issues before the Commission were whether the enterprise agreement was in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act. The Commission had to consider the terms of the agreement, the views of the employees, and any other relevant factors. The Commission also had to ensure that the agreement did not undermine the protections provided by the Act.

The Commission found that the enterprise agreement was in the best interests of the employees, and that it complied with the requirements of the Act. The Commission considered the views of the employees, the terms of the agreement, and the overall balance of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not undermine the protections provided by the Act. The Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement for the Yallourn Power Station & Open Cut Mine, subject to certain conditions. The agreement was to be in effect for a period of five years, and was to be reviewed by the Commission at the end of that period. The Commission also made orders to ensure that the agreement was properly communicated to the employees, and that any disputes arising under the agreement were resolved in accordance with the Act.

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