DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2017/4683)

VENTIA UTILITY SERVICES PTY LIMITED ENVIRONMENTAL OPERATIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2018

Application for approval of the Ventia Utility Services Pty Limited Environmental Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Limited Environmental Operations Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. 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] Subject to 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 14 February 2018 and, in accordance with s.54, will operate from 21 February 2018. The nominal expiry date of the Agreement is 14 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Ventia Utility Services Pty Limited, sought approval for the Environmental Operations Enterprise Agreement 2017. The matter was before the Fair Work Commission, which had to determine if the agreement was suitable for registration under the Fair Work Act 2009. The respondents included various unions and employee representatives who raised objections to the agreement's provisions.

The primary legal issue for the Commission was whether the agreement met the criteria for approval under section 231 of the Act. This included assessing if the agreement provided for fair terms and conditions, was free from any unfair content, and if it was appropriately certified by an independent certifier. The respondents argued that certain provisions of the agreement were unfair and did not adequately protect employee rights.

The Commission examined the arguments presented by both parties and considered the content of the agreement. It found that while the agreement generally provided for fair terms and conditions, there were some provisions that were unfair. However, the Commission concluded that these unfair provisions did not significantly detract from the overall fairness of the agreement. The Commission was satisfied that the agreement was appropriately certified and met the requirements for approval under the Act.

Accordingly, the Fair Work Commission approved the Environmental Operations Enterprise Agreement 2017, subject to certain modifications to address the identified unfair provisions. The agreement was to be registered with these modifications, ensuring that it complied with the Fair Work Act 2009.

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