DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2019/2319)

VENTIA UTILITY SERVICES PTY LIMITED NSW FACILITY SERVICES ENTERPRISE AGREEMENT 2018

Gardening services
COMMISSIONER JOHNS	MELBOURNE, 12 JULY 2019

Application for approval of the Ventia Utility Services Pty Limited NSW Facility Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Limited NSW Facility Services Enterprise Agreement 2018 (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 Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ventia Utility Services Pty Limited, sought approval of the NSW Facility Services Enterprise Agreement 2018 under the Fair Work Act 2009. The dispute arose between the applicant, a provider of utility services, and its employees represented by the First Union. The Federal Court of Australia was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue was whether the agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the court needed to ascertain if the agreement facilitated the improvement of workplace conditions, was free from any coercion or undue influence, and was genuinely negotiated between the parties. Another issue was whether the agreement contained adequate provisions for employee entitlements, such as wages, hours of work, and dispute resolution mechanisms.

The court found that the agreement was genuinely negotiated and contained provisions that met the statutory requirements for approval. It determined that the agreement improved workplace conditions and did not exhibit any signs of coercion or undue influence. The provisions concerning wages, hours of work, and dispute resolution were found to be adequate. Consequently, the court granted the application for approval of the enterprise agreement.

In light of the findings, the court approved the NSW Facility Services Enterprise Agreement 2018 as meeting the legal standards required by the Fair Work Act. The agreement was deemed to be in the best interests of the employees and the employer, facilitating a fair and balanced workplace 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