DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Utility Services Pty Limited
(AG2017/6651)

VENTIA UTILITY SERVICES MELBOURNE METRO WATER ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JANUARY 2018

Application for approval of the Ventia Utility Services Melbourne Metro Water Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Melbourne Metro Water 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] 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. 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.

[3] The Australian Workers’ Union 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 was approved on 10 January 2018 and, in accordance with s.54, will operate from 17 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

Ventia Utility Services Pty Limited recently faced a decision from the Fair Work Commission concerning the approval of the Ventia Utility Services Melbourne Metro Water Enterprise Agreement 2017. The application for approval was brought forward by the company, which sought to ensure the terms of the agreement were in compliance with the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for enterprise agreements, particularly the provisions concerning employee entitlements and conditions of employment.

The primary legal issues before the court were whether the enterprise agreement adequately provided for the rights and obligations of employees, and if it contained the necessary safety net protections. The court had to consider if the agreement complied with the Fair Work Act’s requirements, including whether it met the "better off overall test" and if it provided for minimum rates of pay, leave entitlements, and other conditions as stipulated by the Act. Additionally, the court examined whether the agreement was certified by an independent umpire and whether it was negotiated in good faith.

In delivering its decision, the Fair Work Commission assessed the provisions of the agreement against the statutory framework. The court found that the agreement did provide for the necessary safety net protections and that it was better off overall for the employees, satisfying the requirements of the Act. The Commission noted that the agreement included adequate provisions for wages, leave, and other employment conditions. The Commission also confirmed that the agreement was certified by an independent umpire and was negotiated in good faith. Consequently, the court approved the enterprise agreement, finding it to be compliant with the necessary legal standards.

The final orders of the court were to approve the Ventia Utility Services Melbourne Metro Water Enterprise Agreement 2017, recognising its compliance with the statutory requirements and its fairness to the employees. The approval ensures that the agreement can be implemented and enforced, providing a clear framework for the employment conditions of the workers involved.

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