DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2019/753)

VENTIA UTILITY SERVICES PTY LIMITED ELECTRICAL SUPPLY INDUSTRY CONTRACTORS QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 15 APRIL 2019

Application for approval of the Ventia Utility Services Pty Limited Electrical Supply Industry Contractors Queensland Enterprise Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the Ventia Utility Services Pty Limited Electrical Supply Industry Contractors Queensland Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ventia Utility Services Pty Limited.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ventia Utility Services Pty Limited applied to the Fair Work Commission for approval of the Electrical Supply Industry Contractors Queensland Enterprise Agreement 2018-2021. The respondents to the application included various unions and employees, who contested the agreement on several grounds. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the procedural fairness requirements and substantive provisions of the Act. The respondents argued that the agreement did not fairly represent the interests of the employees and that the consultation process was inadequate. They also claimed that certain clauses in the agreement were not in the best interests of the employees. The Commission had to consider these arguments and assess whether the agreement met the criteria for approval as stipulated in the legislation.

The Commission found that the agreement was procedurally sound, as the employer had followed the necessary steps in the bargaining process and had engaged in meaningful consultation with the unions. However, the Commission identified issues with certain clauses that did not align with the best interests of the employees. After considering the evidence and submissions from both parties, the Commission determined that, while there were procedural flaws, the overall agreement was in the best interests of the employees and met the legal standards for approval. Consequently, the Commission approved the agreement subject to specific modifications to address the identified concerns.

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