DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2020/2214)

VENTIA UTILITY SERVICES PTY LTD CFMEU AND AMWU YALLOURN POWER STATION & OPEN CUT MINE 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 AUGUST 2020

Application for approval of the Ventia Utility Services Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Ltd CFMEU and AMWU Yallourn Power Station & Open Cut Mine 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Construction, Forestry, Maritime, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Ventia Utility Services Pty Limited, the CFMEU, and the AMWU for approval of a proposed enterprise agreement concerning the Yallourn Power Station and Open Cut Mine. The application was brought before the Fair Work Commission, which oversees the approval process for enterprise agreements in Australia. The agreement aimed to regulate various aspects of the employment relationship between the parties, including wages, hours of work, and other conditions of employment.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for the proper protection of employees' wages and conditions, and whether it was free from any unfair provisions that could disadvantage employees. Additionally, the court needed to consider whether the agreement was made in good faith and without coercion.

In making its decision, the Fair Work Commission considered the provisions of the proposed agreement, the submissions made by the parties, and the evidence presented. The Commission found that the agreement provided for appropriate protections for employees' wages and conditions, and that it was made in good faith. The Commission also found that the agreement did not contain any unfair provisions that would disadvantage employees. As such, the Commission approved the proposed enterprise agreement, subject to certain conditions and modifications. The court's decision was based on a careful analysis of the statutory requirements for approval of enterprise agreements, and the evidence presented by the parties.

The Fair Work Commission's final order was that the proposed enterprise agreement be approved, subject to certain conditions and modifications. These conditions and modifications related to the calculation of overtime rates, the provision of shift allowances, and the implementation of certain training and development programs. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would be in effect for a period of four years from the date of approval. The decision provides clarity on the requirements for approval of enterprise agreements and sets a precedent for future cases in this area of law.

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