DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2020/2166)

SYDNEY WATER VENTIA GROUP ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 20 AUGUST 2020

Application for approval of the Sydney Water Ventia Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Water Ventia Group Enterprise Agreement 2020 (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 Services Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ventia Utility Services Pty Limited applied for the approval of the Sydney Water Ventia Group Enterprise Agreement 2020 under the Fair Work Act 2009. The Fair Work Commission heard the application. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act for registration and approval, particularly focusing on its fairness and compliance with procedural fairness principles.

The legal issues the court needed to decide involved assessing the fairness of the terms and conditions within the agreement, ensuring the agreement was genuinely negotiated, and confirming that the process for its negotiation and approval adhered to the principles of procedural fairness. The court had to scrutinise the negotiation process, the content of the agreement, and whether the parties had genuinely attempted to negotiate in good faith.

The court determined that the agreement was fairly negotiated and met the requirements for approval under the Fair Work Act. The court found that the negotiation process was conducted in good faith, the terms and conditions were fair, and the agreement was genuinely negotiated. The court also confirmed that procedural fairness was observed throughout the negotiation and approval process. As a result, the court approved the Sydney Water Ventia Group Enterprise Agreement 2020.

The final orders included the approval of the agreement, which would now be registered and enforceable under the Fair Work Act. The agreement would set the terms and conditions of employment for the relevant employees, providing a legally binding framework for their employment relationship.

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